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(영문) 인천지방법원 2015.01.20 2014가단9501
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C completed the registration of ownership transfer from D on August 25, 2004 with respect to Nos. 12, 105, Jung-gu, Incheon E (hereinafter “instant real estate”) on August 1, 2004, and the Defendant is D’s spouse.

B. As the transfer plan of Songdo was announced around February 2006 and the market price of the instant real estate increased rapidly, there was a dispute between C and C, the spouse of the Plaintiff, F, the Plaintiff’s birth (hereinafter “C husband and wife”), and the Plaintiff, who is the actual owner of the instant real estate.

[Ground of recognition] Facts without dispute, Eul evidence No. 6, Eul evidence No. 7, the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. (1) The Plaintiff purchased the instant real estate from D, and completed the registration of ownership transfer under the name of C according to the title trust agreement with C.

(2) However, due to the announcement of the plan for the relocation of the Songdo New City, the price of the instant real estate increased rapidly, the couple C took place as if the actual owner of the instant real estate was the actual owner of the instant real estate. On September 2006, the couple began to take advantage of fraud, such as receiving a loan by providing the instant real estate as security.

(3) Since then, the plaintiff was indicted on suspicion of non-prosecution, etc. upon the complaint of the married couple. While the defendant knew that the real owner of the real estate of this case was the plaintiff, he conspired with the married couple C and submitted a false testimony or a false complaint in a criminal case. Accordingly, the plaintiff suffered mental damage due to criminal punishment, etc.

(4) Therefore, the defendant shall pay consolation money of KRW 22,00,000 and damages for delay to the plaintiff.

B. (1) The Plaintiff’s confirmation of the facts of D’s drafting (A) finds D on March 12, 2007 and seeks to proceed to divorce by “C husband and wife,” and the name of the instant real estate should be changed in the F future.

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