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(영문) 청주지방법원 2018.02.20 2017가단101683
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. C did not inherit the deceased’s authenticity (hereinafter “the deceased”) but sold the purchase price of KRW 150,00,000 to the Plaintiff, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju (hereinafter “instant land”). The Plaintiff lost ownership of the instant land from the deceased’s true heir in the lawsuit for inheritance recovery, etc., and did not transfer ownership of the instant land.

B. Before entering into the instant sales contract, C had already known that he was not entitled to inherit the land of this case from some authentic successors of the deceased, and the defendant knew in the course of counseling C that C was not a true heir of the deceased, and the head of the legal office delegated C with the authority to file a lawsuit of confirmation of paternity or existence of paternity was aware that C should not sell the land of this case to a third party because it was the land for which the true heir would immediately claim the return.

C. As above, C and the defendant are aware that they did not have the right to complete the registration of ownership transfer with respect to the land of this case, and they acquired the purchase price of KRW 150,000 from the plaintiff from the plaintiff. The defendant is jointly and severally liable with C to compensate the plaintiff for the above purchase price as damages.

2. In light of the judgment and conclusion conclusion, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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