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(영문) 광주고등법원(전주) 2015.04.30 2014나548
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and the Plaintiff corresponding to the revoked part shall be against the Defendants.

Reasons

1. Facts of recognition;

A. On February 10, 2006, the Defendants and the Co-Defendant E and F of the first instance trial (hereinafter “E”), through T and G, purchased KRW 826,00,000 for the total price of KRW 1/2 shares (i.e., 158 square meters prior to I, ③ 120 square meters prior to J, ④ 487 square meters prior to K, ⑤ 7 square meters prior to L road (hereinafter “the total price of each of the above lands”) from N in the name of E and E in the name of E in the number of shares (i.e., 1/2 shares for H 33 square meters in the number of shares) among the lands prior to the subdivision on May 17, 2006.

B. After that, among the lands before the subdivision, K 487 square meters were divided into 416 square meters in K Y and Q 71 square meters in Q 71 square meters on May 29, 2006.

In addition, on June 11, 2012, H field 33 square meters among the lands before subdivision was changed from H field 6 square meters H field 6 square meters on September 13, 2012 to “the answer”;

C. Each subdivision was divided into 17 square meters and 10 square meters in P field. E and F completed the registration of transfer of ownership with respect to 1/4 shares in H, Y, Z, and AA (hereinafter “R, etc.”) on June 13, 2012, and instead completed the registration of transfer of ownership with respect to 1/4 shares in P, etc., from R, etc., on a 1/4 share in P, etc., and completed the registration of transfer with respect to 1/4 shares in E and F.

Therefore, with respect to the shares of 12/24 square meters among H 6 square meters, the registration of ownership transfer in the name of R was completed, with respect to each share of 4/24 square meters, the registration of ownership transfer in the name of Z, Y, AA, and the registration of ownership transfer in the name of E and F with respect to each share of 1/2 square meters out of 10 square meters in the P field.

C. On July 18, 2006, the Defendants, E, and F purchased 61m2 from N to KRW 50,020,000 for the purchase price. On July 25, 2006, the Defendants, E, and F have completed the registration of ownership transfer in the name of E and F with respect to shares of 1/2 out of the M land.

The Defendants, E, and F include ① 1/2 shares of the O 17 square meters, ② 10 square meters of the P field, ③ 158 square meters prior to I, ④ 120 square meters prior to J, ⑤ A 416 square meters of the lightweight structure of K 416 square meters of the lightweight structure, but the issues of this case are the issues of this case.

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