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(영문) 의정부지방법원고양지원 2016.12.15 2015가단92467
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The related plaintiffs between the parties are children born between H and I. The Defendants are pro-friendly children of Defendant C, Defendant D with large luxa, Defendant E with large luxa, Defendant F with small luxa, Defendant F with small luxa, and Defendant G with small luxa.

B. The Plaintiff’s father, who was the guardian of Defendant C, died on February 24, 2005, and his mother died on April 5, 2006, and Defendant C, the Plaintiff’s mother, was a minor as of April 5, 2006 (the date of birth of Plaintiff A, J, and Plaintiff B, K).

C. Defendant C, a guardian of the plaintiffs to sell and purchase apartment buildings, sold and purchased apartment buildings on behalf of the plaintiffs as follows:

1) The Plaintiffs to sell L apartment units (hereinafter “L apartment”) under Article 915, No. 2004 (hereinafter “L apartment”) that died with the death of their parents.

(2) On September 27, 2006, the Plaintiff purchased N apartment No. 609-dong No. 201 (hereinafter “N apartment”) from N apartment purchaseO and completed the registration of ownership transfer on July 27, 2006.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiffs asserted that the defendants conspired to sell L apartment and paid 340 million won and N apartment purchase price of KRW 2450 million, which is the difference between the purchase price of L apartment and KRW 95.5 million and the purchase price of N apartment, KRW 14.89 billion on their own behalf, not the plaintiffs who are the ward. Thus, the defendants asserted that they are primarily liable for damages to the plaintiffs, and that they are obligated to pay the above KRW 14.89 billion, which is the return of unjust enrichment. 2)

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