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(영문) 대구지방법원 2018.09.13 2017나308611
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B, each of the Plaintiff, Defendant C, and Defendant D, respectively.

Reasons

1. Basic facts

A. The Plaintiff is the birth of the deceased E (hereinafter “the deceased”). Defendant B is the wife of the deceased, Defendant C and D are the children of the deceased.

B. The Plaintiff and the Deceased jointly acquire each real estate listed in the attached Table 1’s list (hereinafter “the instant orchard”) and completed the registration of ownership transfer in the name of the Deceased on November 26, 2001 after receiving a successful bid in the name of the Deceased on November 26, 2001.

At the time, 78,300,000 won of the successful bid was fully borne by the deceased with the amount of KRW 60,000,000 that he borrowed under his own name, and the total of KRW 4,463,820, such as registration tax, acquisition tax, etc., was shared by 1/2 by the plaintiff and the deceased.

C. The Plaintiff and the Deceased, at the time of the purchase of the instant orchard, shall be appropriated for the repayment of 1/2 of the successful bid price borne by the deceased on behalf of the Plaintiff, with the proceeds derived from the spawn farmers in the instant orchard at the time of the purchase of the instant orchard, and upon the completion of the reimbursement, the Deceased agreed to transfer the 1/2 share of the instant orchard to the Plaintiff (hereinafter “instant agreement”).

The Deceased died on June 29, 2014, among the Plaintiff and the Plaintiff experienced conflicts in relation to the transfer of 1/2 shares in the instant orchard.

E. Meanwhile, on July 17, 2014, Defendant B completed the registration of ownership transfer with respect to the instant orchard based on inheritance due to a division held before June 29, 2014, and sold the instant orchard in KRW 180,000,000 to J on July 22, 2014, and the registration of ownership transfer under J’s name was completed on August 6, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 3 and 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings and arguments

2. The plaintiff's assertion

A. The Plaintiff, along with the Deceased from 2002 to 2012, was engaged in the Posibian in the instant orchard, and the Plaintiff’s share derived therefrom.

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