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(영문) 대구지방법원 2016.10.19 2016나303800

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. According to the plaintiff's expansion of the purport of the claim in the trial, the defendant 2.2.

Reasons

1. Facts of recognition;

A. On April 20, 1970, among the 196/196/192 square meters of forest land B in Cheongdo-gun, Cheongbuk-do (hereinafter “instant real estate”), part of the ownership transfer registration was completed on March 20, 1955 under the name of C (Cheongdo-gun, Cheongdo-gun, Cheongdo-gun) (hereinafter “instant real estate”).

B. The Defendant completed the attachment registration on August 10, 199 and November 18, 2002 with respect to the above C shares among the instant real property.

C. On July 29, 2005, with respect to C’s share in the instant real estate, the public auction was conducted by the registration of each of the above seizure around July 29, 2005, and the registration of ownership transfer was completed on January 5, 2006 under the name of the Plaintiff on December 22, 2005.

In the forest land register of the real estate of this case, the owner's "C and one other", "D", and "E" are stated, and the Chinese characters in the Gu forest land register of this case are stated as "F".

E. However, the Defendant filed each of the above seizure registrations on the grounds of the delinquency in payment of G (G and resident registration number: H). As such, the Daegu District Court rendered a judgment that on January 16, 2015, the Plaintiff fulfilled the procedure for cancellation of the registration of the ownership transfer of the instant shares to I on the grounds of the Daegu District Court Decision 2013Kadan818294, which was the heir of the owner C on the forestry register and the registry, filed a lawsuit against the Plaintiff to cancel the registration of the ownership transfer of shares. This judgment became final and conclusive on February 3, 2015.

F. Accordingly, on April 7, 2015, the registration of cancellation was completed on February 3, 2015 with respect to the registration of transfer of ownership in the name of the said Plaintiff on the grounds of a final and conclusive judgment, and the registration of transfer of ownership in the name of J was completed on the same day due to inheritance due to a consultation division.

G. Meanwhile, the Plaintiff paid KRW 5,763,00 as the successful bid price on December 27, 2005, KRW 126,780 as the acquisition tax and special tax for rural development on December 28, 2005, and KRW 138,310 as the registration tax and education tax, respectively.

H. On January 21, 2016, the Plaintiff paid KRW 941,59 to I for the costs of lawsuit in the Daegu District Court case No. 2013dan818294.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, 10, 11, 12, Eul.