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(영문) 창원지방법원통영지원 2019.05.30 2018가합11011
손해배상(기)
Text

1. The Defendants jointly share KRW 260,000,000 with respect to the Plaintiff and the period from August 11, 2016 to July 18, 2018.

Reasons

1. Basic facts

A. The Defendants are married couple, and the net D (Death of August 26, 1996) is referred to Defendant B.

B. Gosung-gun E large 357m2 (hereinafter “instant land”) was originally owned D. The Defendants conspired to prepare a false guarantee on June 27, 2006, stating that “Defendant C actually owns the instant land by purchasing it on February 1, 1993,” and completed the registration of ownership transfer as to the instant land under the Act on Special Measures for the Registration, etc. of Real Estate Ownership by obtaining a written confirmation from the head of Sung-gun on July 6, 2006.

C. On November 30, 2007, the Plaintiff entered into a contract to purchase the instant land from Defendant C (hereinafter “instant sales contract”) and paid the said purchase price to C on the same day, and completed the registration of ownership transfer as the receipt of No. 26582, Nov. 30, 2007.

The head office of the original branch office of the District Prosecutors' Office shall be on February 28, 2013.

With regard to the facts stated in the port, the defendants filed a claim for a summary order concerning facts constituting a crime, such as violation of the Act on Special Measures for the Registration, etc. of Real Estate Transfer, false entry into public electronic records, and false entry into public electronic records, etc., and the defendants

On November 21, 2013, the common branch of the Changwon District Court found Defendant B guilty of all the above criminal facts and sentenced Defendant C to a fine of KRW 4 million and a fine of KRW 2.5 million (2013Gohap56). The above judgment became final and conclusive on November 29, 2013.

E. On November 25, 2014, Defendant B’s East Eastern District Court filed a lawsuit seeking the cancellation of each registration on the ground that the registration of ownership transfer in the name of the Plaintiff and Defendant C, etc. regarding the instant land was based on a false guarantee document, and the registration of ownership transfer in the name of the Plaintiff, which was based on the above, is also invalid.

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