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(영문) 서울동부지방법원 2018.11.23 2017가단135168
손해배상(기)
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 19,654,080 won and the period from July 18, 2014 to November 23, 2018.

Reasons

1. Basic facts

A. The Plaintiff, Defendant C, and Nonparty D are children of the deceased E (hereinafter, the Deceased on August 21, 2010, and Defendant B was the legal couple with Defendant C, and they were divorced.

B. The Deceased died with the wife F, the Plaintiff, the Defendant C, and the Defendant D, and the Plaintiff died with the wife, and the Plaintiff, the Plaintiff, the Defendant C, and the said D were to have three joint owners without disposing of the instant real estate (the above F renounced inheritance), and the Defendants issued the necessary documents, etc. for the registration of inheritance to the Defendants, on the following grounds: (a) the Plaintiff, the Defendant C, and the said D did not dispose of the instant real estate and had three joint owners (the above F renounced inheritance).

C. However, on December 24, 2010, the Defendants, without the Plaintiff’s consent, completed the registration of ownership transfer for the instant real estate on August 21, 2010, based on inheritance by consultation and division. After completing the building remodeling construction, Nonparty I sold the instant real estate at KRW 120 million to Nonparty I on July 18, 2014, and completed the registration of ownership transfer on January 8, 2016.

The market price of the instant real estate before remodeling is KRW 54,323,280 as of December 24, 2010, KRW 58,962,240 as of July 18, 2014, and the market price after remodeling is KRW 108,281,840 as of January 8, 2016.

[Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Assertion and determination

A. 1) The Plaintiff asserts that, in collusion by the Defendants, the Plaintiff is jointly and severally liable for damages, since the Plaintiff sustained damages of KRW 40 million (1/3) corresponding to the inherited shares (1/3) by disposing of the instant real estate in excess of KRW 120 million without permission, and acquiring the sales proceeds, the Plaintiff is jointly and severally liable for such damages. 2) The Defendants first renounced the inheritance right to the instant real estate at the time of the Plaintiff’s inheritance registration with respect to the instant real estate in the future of Defendant C, and thereafter, the housing out of the instant real estate.

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