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(영문) 서울중앙지방법원 2018.05.31 2017가합525451
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the overall purport of the pleadings in each entry in Gap evidence 1 to 7 (including branch numbers, if any; hereinafter the same shall apply) and Eul evidence 1 and 3:

The Plaintiffs and Defendant F are children of Nonparty G, and Defendant D (the former name: E; hereinafter referred to as “Defendant D”) is a person who is the birth of Defendant F.

B. G owns ① H apartment 111, 705, Dong 705 (hereinafter “instant apartment”) and ② Yongsan-gu Seoul Metropolitan Government I large 79.3 square meters and above-ground housing (hereinafter “instant I real estate”) around May 2016, and completed the registration of ownership transfer for each purchaser, following the sale of all the instant I real estate around May 2016.

2. Determination on the cause of the claim

A. The summary of the plaintiffs' assertion is that the real estate of this case was jointly inherited by the plaintiffs, G, and defendant F, according to the legal share of inheritance, as the non-party J, who is the husband of G and the father of the plaintiffs, and held that the apartment of this case was held in title trust to G. The apartment of this case was purchased by the plaintiff C and purchased by the plaintiff

However, the Defendants deceiving G to the fact that G is old and does not make a normal judgment, thereby disposing of the instant I real estate and the instant apartment, and consumed all the sales amount.

The Defendants caused the loss of the property held in title by the Defendants due to the above tort committed by the Defendants, and thus, the Defendants are liable to each of them to compensate the Plaintiff C for damages of KRW 154 million, which is the sum of the market price of the instant apartment complex, KRW 50 million equivalent to KRW 770 million equivalent to the market price of the instant I real estate, and KRW 154 million, which is the sum of KRW 154 million equivalent to the Plaintiff C’s share, among the amount equivalent to the market price of the instant I real estate, KRW 70 million,000,000,000 won, and KRW 154 million and delay damages.

According to the plaintiffs' arguments, the plaintiffs and the defendant F.

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