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(영문) 의정부지방법원 2019.01.17 2018나207060
손해배상(기)
Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the following determination with respect to the selective claims added in the court of first instance. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on a claim for damages due to a tort

A. Despite the Defendant’s conclusion of the first sale contract with the Plaintiff, the Defendant’s act of selling 190 square meters and D road 91 square meters (hereinafter “each of the instant lands”) to a third party, the subject of the first sale contract, and completing the registration of ownership transfer to a third party constitutes an act of breach of trust in double selling, and thus, the Defendant is obligated to compensate the Plaintiff for the damages incurred by the Plaintiff due to such unlawful act.

B. In light of the above circumstances (as seen earlier, the part on the 4th trial decision No. 10 to 5th trial decision), it is difficult to view that the Defendant’s act of selling each of the instant land to I and completing the registration of ownership transfer to I as double selling constituting a breach of trust, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's above assertion is without merit to examine the amount of damages.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed, and any selective claim added by the court of first instance is also dismissed.

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