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(영문) 전주지방법원 2013.06.11 2012가단34667
손해배상(기)
Text

1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.

2. The costs of the lawsuit shall be borne by D.

Reasons

1. The parties' assertion

A. The gist of the plaintiff's assertion is that the plaintiff is a clan similar organization composed of the lineal descendants of H 20 years of age and over 20 years of age among the lineal descendants of J, and the defendants are the members of the plaintiff's clan.

The Defendants, in collusion with Defendant C’s wife, sold K Forest land of KRW 5,679 square meters (hereinafter “instant real estate”) in 25,00,000 owned by the Plaintiff without any lawful procedure, and completed the registration procedure for ownership transfer by dividing 456 square meters among them into Gunsan-si on October 24, 2006 and received KRW 5,472,00,000 by selling it in Gunsan-si.

Accordingly, the Plaintiff filed a lawsuit against E seeking the cancellation of the ownership transfer registration for the instant real estate that was completed with respect to the Jeonju District Court’s Gunsan Branch (201Da660), and on November 29, 201, the Plaintiff received KRW 45,000,000 from the Plaintiff, and at the same time, performed the procedure for cancellation of the ownership transfer registration for the instant real estate as completed on December 23, 2004 by the Jeonju District Court’s Gun branch branch office, 52301. (2) However, the said money paid by the Plaintiff was collected and paid equally within seven days after receiving the said money from the Plaintiff. (3) At the same time, E was forced to make a decision to compel the Plaintiff to pay the said money in addition to the above money to KRW 5,00,00,000 per annum, and if the said money is not given to the Plaintiff by the date, by adding the above money to the amount payable to the Plaintiff.

The Defendants’ act of selling the instant real estate in collusion to E constitutes a tort under Article 750 of the Civil Act.

The scope of damages to be returned by the Defendants to the Plaintiff shall be as follows: (a) 20,000,000 won, which is part of the money to be contributed by the Plaintiff in order to cancel the registration of transfer of ownership in the name of E with respect to the instant real estate in accordance with the instant compulsory adjustment decision; and (b) 45,00,000 won, which occurs due to failure to implement a compulsory adjustment decision

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