(영문) 부산지방법원 2020.07.15 2019가단10664

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(영문) 부산지방법원 2020.07.15 2019가단10664

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff was the owner of the Plaintiff’s building (hereinafter referred to as “the instant real estate by combining the above land and buildings”) with the Plaintiff’s husband around July 2002. The Defendant, in collusion with E to occupy the instant real estate, prepared a false document stating that the Plaintiff paid KRW 50 million to the Deceased, although there was no fact that the Plaintiff paid KRW 50 million of the deposit for the deposit for the deposit of the deposit of the lease on the instant real estate to the deceased, and filed a lawsuit against the Plaintiff, the inheritor of the instant real estate, as well as the provisional attachment of the instant real estate, against the Plaintiff and the Plaintiff’s wife.

Inasmuch as the Defendant’s tort committed as above caused damages to the Plaintiff, the Defendant is obligated to pay damages to the Plaintiff KRW 50 million and its delay damages to the Plaintiff.

B. The Defendant’s assertion that there was no loss incurred by the Plaintiff due to the Defendant’s act, and even if the Defendant is liable for damages due to the tort, extinctive prescription

2. According to the records in Gap evidence Nos. 1 and 4, the defendant filed a lawsuit against the deceased and the plaintiff on December 6, 2002 against the Busan District Court as the Busan District Court 2002Kadan47243 for provisional seizure with the claim amounting to KRW 50 million, and the provisional seizure was decided by the above court. The provisional seizure registration was cancelled on December 11, 2002 according to the above provisional seizure decision, and the provisional seizure registration was cancelled on February 6, 2003. The defendant filed a lawsuit against the deceased and the plaintiff on January 30, 2003 for the return of the lease deposit under the Busan District Court 200Kadan137035, but the defendant prepared a confirmation document with the same content as the attached sheet to the plaintiff on July 23, 2016.

However, the above facts of recognition.

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