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(영문) 서울중앙지방법원 2016.04.12 2014가합29303
손해배상
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On March 17, 2010, the Plaintiff is currently residing in the United States as the father of the network D (hereinafter “the deceased”) that died in the New York State, and Defendant B was married with the deceased in the New York State on November 15, 2006 and completed a report of domestic marriage with the deceased on April 1, 2010, and Defendant C church (hereinafter “Defendant church”) is a church in which Defendant B is the representative.

B. On October 27, 1971, the Deceased completed the registration of ownership transfer on October 21, 1971 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”). The Defendant church completed the registration of ownership transfer on January 10, 201 with respect to the instant real estate on February 29, 2012.

[Ground of Recognition] Facts without dispute, Gap evidence 8 to 10, 13 (including each number)

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the so-called “three-party registered title truster” was a party to the instant real estate, and the title truster entered into a sales contract with a third party, and the title trustee is an intermediate omission type registered title trust in the future of the trustee.

"Agreement" was concluded and completed the registration of ownership transfer in the deceased's future after purchasing the instant real estate from E.

Although Defendant B knew of the above title trust as the deceased’s spouse, he forged the donation contract after the deceased’s death and completed the registration of ownership transfer of the instant real estate in the future of the Defendant church, and the Defendant church participated in the tort committed by Defendant B and received the transfer of the registration title of the instant real estate.

Inasmuch as the Plaintiff suffered damages from the loss of ownership of the instant real estate due to the said tort by the Defendants, the Defendants shall pay to each Plaintiff the amount equivalent to the market price of the instant real estate, as well as damages for delay from February 29, 2012, which is the date of the tort.

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