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(영문) 부산지방법원 2015.12.17 2015가합2136
손해배상(기)
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The plaintiff (appointed party, hereinafter "the plaintiff") is the children of the Appointor D, and the defendant B and the Appointor D are the remaining siblings, and the defendant C is the wife of the defendant B.

B. The plaintiff residing in Busan and worked for the director as E's house located in the city of official residence around February 27, 2004 (hereinafter "the house of this case") and filed a move-in report on February 27, 2004.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. The defendants asserted that the lawsuit of this case is unlawful because the court with general jurisdiction of the defendants is under the jurisdiction of the court with jurisdiction of the defendants, which is not the competent court, but the Daejeon District Court.

A lawsuit on property right may be brought to the court with the jurisdiction over the place of residence or the place of obligation performance (Article 8 of the Civil Procedure Act). The lawsuit on this case is a lawsuit seeking monetary payment, and in the case of monetary obligation, performance must be made at the address of the plaintiff who is the creditor pursuant to the principle of assignment obligation (Article 467 of the Civil Act). Thus, the court with the jurisdiction over the domicile of the plaintiff, and the defendants' assertion of violation

3. Judgment on the merits

A. Defendant B promised to pay 80,000 won of living expenses and personnel expenses to the Plaintiff, if the Plaintiff is a director of the instant house, but did not perform this.

In addition, Defendant B, from around 1965 to 50 years from 1965, was engaged in the business of building and selling a house by lending the name of the selector D, and in return, he promised to prohibit the selector D from holding the house of KRW 100,000 won, but failed to comply with the promise even though he promised D to offer the house of KRW 5,00,000 to keep the house located in F for three months.

Therefore, the defendants are jointly and severally selected parties D, ① construction cost of 1.5 billion won in Yangok house (1.5 billion won in consideration of the inflation rate since 1965), ② labor cost of 50 million won in labor cost, ③ 50 years in labor cost.

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