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(영문) 대전지방법원 논산지원 2018.03.29 2017가단20725
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C (Death on December 12, 2006) married with D on February 17, 1993, and was divorced on November 9, 2001.

The defendant is a dormitory of C, and E is a defendant's baby.

B. On August 2, 1954, the Defendant purchased the land listed in Paragraph 1 of the Attached List (hereinafter “instant land”) and completed the registration of ownership transfer in its name on December 23, 1964.

On December 6, 1990, the Defendant completed the registration of ownership transfer for the above land under the name of No. 3, and on the same day C completed the registration of ownership transfer for the above land under the name of No. 1, 20 million won with maximum debt amount, and the registration of ownership transfer for the debtor C.

Meanwhile, upon the death of C, the Defendant applied for sale of the above land in the name of Korea Rural Community Corporation in the name of D, and on March 23, 2007, the legal representative of the Plaintiff sold the above land in KRW 2,662,00 to the Korea Rural Community Corporation as D’s representative, and E purchased the above land from the Korea Rural Community Corporation on March 29, 2007 at the same price.

Accordingly, with respect to the above land, the registration of ownership transfer due to the inheritance in the name of the plaintiff, and each registration of ownership transfer due to the sale in the name of the Korea Rural Community Corporation and E was completed in sequence.

C. Around March 6, 2007, the Defendant sold the land Nos. 2 and 3 to F in KRW 4,2970,000 and received the said purchase price.

Accordingly, with respect to each of the above lands, the registration of ownership transfer due to the inheritance in the name of the plaintiff, and the registration of ownership transfer due to the sale in the name of F was completed in sequence.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1, 5, and 8 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that the Defendant sold the instant land Nos. 1 through 3 owned by C, and received KRW 6,958,00 in total, and only KRW 31,168,716 among them.

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