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(영문) 수원지방법원안산지원 2014.04.24 2013가합20851
손해배상(기)
Text

1. The Defendants are 260,000,000 won to each Plaintiff and 5% per annum from November 30, 2007 to May 23, 2013.

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant B are six children between the deceased D (the deceased on August 26, 1996, hereinafter "the deceased") and the deceased E, and the defendant B is the defendant Eul-nam, and the plaintiff is the plaintiff South Korea.

Defendant C is the wife of Defendant B.

B. On January 28, 1990, the Plaintiff donated the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) and the real estate listed in paragraph (2) (hereinafter “instant building”) from the Deceased.

C. While the Plaintiff did not register the transfer of ownership with respect to the instant land and building, Defendant B completed the registration of the transfer of ownership with respect to the instant land under Defendant C’s name on December 11, 2006, and on November 30, 2007, sold the said land at KRW 260,000,000 and completed the registration of the transfer on the same day.

In addition, Defendant B completed the registration of ownership transfer on June 12, 2008, such as the Disposition No. 3 as to the building of this case.

1) On February 1, 1993, the letter of guarantee, which forms the basis for the registration of transfer in the name of Defendant C as to the instant land, includes the content that Defendant C purchases the said land from the deceased and actually owns it, and the guarantor F, G, and H guaranteed it. 2) On April 5, 1993, the letter of guarantee, which is the basis for the registration of transfer in the name of Defendant B as to the instant building, includes the content that Defendant B purchases the said building from the deceased and actually owns it at present, and the guarantor I, J, and K guaranteed it.

E. The Defendants were indicted for violating the Act on Special Measures for the Registration of Ownership Transfer on November 21, 2013 due to the fact that they did not purchase the instant land and buildings from the Deceased, and completed the registration of ownership transfer based on the aforementioned false certification, and were indicted for summary proceedings with Changwon District Court 2013Dahap5118, Changwon District Court 2013, Changwon District Court 2013 Maga118. However, the Defendants’ request for formal trial was based on the above court 2013 Go-Ma193.

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