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(영문) 대전지방법원천안지원 2019.10.18 2019가합101338
손해배상(기)
Text

1. All of the plaintiffs' claims against the defendant are dismissed.

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

Reasons

1. Facts of recognition;

A. On July 14, 1989, NF and G completed the registration of ownership transfer regarding one-half shares among the ownership change (i.e., the deceased) ownership of each of the instant land and one-half shares of H 522 square meters (158 square meters) and one-half percent (52 square meters) prior to I,825 square meters (52 square meters) (hereinafter “each of the instant land”), respectively.

on July 23, 2001, the Deceased completed the registration of ownership transfer for one-half of each of the instant lands to the Defendant.

B. On March 9, 2009, the deceased’s inheritance of the deceased’s property died, and the remaining Plaintiffs, who were the wife, and their children, inherited the deceased’s property at the rate of 3:2:2.2.

C. (i) The instant I land was expropriated in Korea Urban Railroad Corporation on March 30, 2010, and the Defendant and G received KRW 319,010,000, respectively, as compensation for each of the instant land’s shares.

B. On February 8, 2019, the Plaintiff sold KRW 229,100,00 and the ownership transfer registration was completed in the name of the J District Housing Association on March 12, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, Gap evidence 4-6, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiffs asserted that "the deceased trusted 22 of the H land of this case to the defendant, and the defendant disposed of this, thereby causing damages equivalent to the price to the plaintiffs who are the deceased's inheritors, and thus, the deceased must compensate for the damages." The specific arguments are as follows.

(1) On June 1989, the Deceased and the Defendant and G purchase the total sum of 710 square meters of each of the instant lands from KRW 35,500,000,000. The Deceased bears KRW 10,500,000, the Defendant, and KRW 20,000,000 for each of the instant lands, and each of the instant lands is owned by the deceased and G according to their respective shares. The Deceased and G agreed to register the ownership of each of the instant lands as follows.

H I FF E.

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