(영문) 서울중앙지방법원 2018.04.17 2017가합519661

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(영문) 서울중앙지방법원 2018.04.17 2017가합519661

손해배상(기)

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1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are the deceased’s own consciousness that died on August 25, 2016 (hereinafter “the deceased”). The Defendant was a person who, around around 1980, resided with the deceased while living together with his/her family helpers, etc., and was in the deceased’s care until his/her death.

B. The sales contract was drafted as of March 20, 2014, stating that the deceased sold at KRW 270,000,000 to the Defendant of Dongdaemun-gu Seoul Building H (hereinafter “instant real estate”) owned by the deceased and the deceased living together with the Defendant and the deceased. On April 21, 2014, the said sales contract was concluded as a certificate of registration for transfer of ownership in the name of the Defendant regarding the instant real estate.

C. Since June 3, 2014, the Defendant sold the instant real estate to I in KRW 270,000,000, and completed the registration of ownership transfer on June 27, 2014. Using part of the purchase price, the Defendant repaid KRW 60,784,742 of the secured debt of the instant real estate, which was established from September 27, 2007, by using part of the purchase price.

On the other hand, the Defendant purchased K No. 1 L of Dongdaemun-gu Seoul on August 9, 2014 in KRW 250,000,000 and completed the registration of ownership transfer under the name of the Defendant on September 30, 2014. The Defendant and the Deceased resided in the above real estate from around that time until the deceased died.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 7, 11, 12, Eul evidence 1, 3 and 4, the purport of the whole pleadings

2. Judgment as to the main claim

A. The summary of the plaintiffs' assertion is that the defendant, on March 20, 2014, forged a sales contract as of March 21, 2014, using the deceased's work ability status as a severe dementia patient, completed the registration of ownership transfer for the real estate in the name of the defendant on April 21, 2014, and disposes of the real estate in this case to I on June 27, 2014 without legitimate authority, thereby repaying the deceased's debt from the proceeds of sale of the real estate in this case.

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