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(영문) 청주지방법원 2016.06.29 2015가합20923
손해배상(기)
Text

1. Plaintiff A’s respective claims against Defendant D, E, and Defendant (Counterclaim Plaintiff) G, and Defendant D, E, and F of Plaintiff (Counterclaim Defendant) and C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff A, the Defendant G, E, and the network H are siblingsed, and Defendant D is the wife of Defendant G. The Plaintiff B and C are the wife of the deceased network H on July 26, 2013, and I are the married children of the network H.

B. On November 12, 1997, the annexed list No. 1 (hereinafter “Land No. 1”) registered under the J’s name, the ownership transfer registration was completed in sequence due to each transaction, against the deceased H on May 21, 2003, against K and L on July 23, 2014.

Attached list No. 2 (hereinafter referred to as "No. 2 land") registered in M's name was completed on December 15, 1997 with the network H on December 15, 1997, D on May 21, 2003, with K and L on July 23, 2014, in sequence due to each sale.

A list No. 3 of the attached Table No. 3 (hereinafter referred to as “third land”) registered under J’s name was completed on May 9, 2001 on the ground of the successful bid for compulsory auction, and the ownership transfer registration was completed on May 21, 2003, and the ownership transfer registration was completed to N on April 21, 201 due to each sale.

The annexed list No. 4 (hereinafter “No. 4”) land registered in the name of J, and the annexed list No. 1 through No. 4 (hereinafter “each of the instant lands,” including the land No. 1 through No. 4), the ownership transfer registration was completed on August 22, 2001 to the deceased H, Oct. 4, 2002 to the F, Jun. 30, 201, to theO, P, and the ownership transfer registration was completed in sequence due to each trade.

[Ground of recognition] The facts without dispute, Gap evidence 5-1 to 4, Gap evidence 6 (written evidence), Gap evidence 9, Eul evidence 43, the purport of the whole pleadings

2. Judgment on the plaintiffs' claim for damages

A. The plaintiffs asserted 1) around 197, the plaintiff A purchased land Nos. 1 and 2 from each J and M in the name of Q Q, and made an interim omission type title trust to the net H.

Plaintiff

A had Defendant D succeed to the status of the deceased H’s title trustee inasmuch as the land Nos. 1 and 2 is likely to be executed from the deceased H’s creditors, and completed the registration of ownership transfer on May 21, 2003.

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