logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.12.08 2019가단566709
손해배상(기)
Text

The defendant shall pay to the plaintiff KRW 6,935,370 and KRW 60 million among them from March 29, 2017, and KRW 2930,000.

Reasons

1. Facts of recognition;

A. On August 18, 2016, the registration of ownership transfer was completed on the ground of the cancellation of title trust on July 28, 2016, in the case of the E (hereinafter “instant clan”) from D on August 18, 2016 with respect to the forest land of 5851 square meters (hereinafter “the instant forest”).

In the above registration, the representative of the clan of this case is marked as the defendant.

B. On March 27, 2017, the Defendant, as the representative of the instant clan, entered into a contract with the Plaintiff to sell the forest land owned by the instant clan to the Plaintiff for KRW 60 million (hereinafter “instant trade”).

C. On March 28, 2017, the Plaintiff paid KRW 60 million to the Defendant the instant purchase price.

1) As the Defendant requested that the grounds for registration of the instant forest be transferred to a gift rather than the instant trade, the Plaintiff prepared a donation contract between the Plaintiff and the instant clan on April 22, 2017 with respect to the instant forest, and the Plaintiff’s ownership transfer registration (hereinafter “instant ownership transfer registration”) from the instant clan on the grounds of the said donation on May 30, 2017.

(2) The Plaintiff paid KRW 2,930,000 as a certified judicial scrivener fee including acquisition tax, etc. on May 11, 2017 in the process of the instant transfer registration, and paid KRW 4,005,370 as a gift tax on the Ansan Tax Office on July 24, 2017.

E. Meanwhile, on May 8, 2019, the Defendant: (a) registered the instant clan, the representative of which was Suwon District Court 2019DaMa1666, as indicated below; and (b) registered the instant clan in the name of the clan as to the forest land of this case.

With respect to the registration of transfer of ownership in the port, it was sentenced to a fine of five million won due to the charge of the forgery of a private document, the uttering of a false investigation document, the fraudulent entry into public electronic records, and the exercise of false entry into public electronic records

The above judgment was finalized as it is.

1. On February 10, 2016, the Defendant forged a private document at the Defendant’s residence located in the F in the Sungsung City, while the fact is the clan of this case.

arrow