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(영문) 춘천지방법원영월지원 2016.05.25 2015가단10894

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On December 30, 1978, the network C (hereinafter “the network”) completed the registration of transfer of ownership on the ground of sale on December 26, 1978, as the receipt of the original state support from the Chuncheon District Court No. 4982, 1982, with respect to the land in question, which is 734 square meters (hereinafter “the instant land”, and where E is referred to as “the instant land, the administrative district above the surface level shall be omitted) prior to the Gangseo-gu Seoul Metropolitan Government D, Gangwon-do.

After the death of the deceased, the Plaintiff completed the registration of ownership transfer on August 3, 2009, based on the agreement on division of inherited property as prescribed by the Youngcheon District Court Decision No. 7790, Jun. 28, 1998.

On August 10, 2009, the Young-gun completed the registration of ownership transfer based on the acquisition of land for public use on the same date as the Youngcheon District Court’s receipt of the monthly support for the land of this case, and around that time, he paid KRW 26,791,00 to the defendant as compensation for the above acquisition of public land.

【In the absence of dispute, the Plaintiff’s summary of the Plaintiff’s assertion as to the overall purport of the pleading, and the Plaintiff’s assertion as to the Plaintiff’s assertion as to the Plaintiff’s assertion, the Plaintiff purchased the neighboring land including the instant land (hereinafter “instant land, etc.”) around October 1969, but sold the instant land, etc. to the Deceased on December 26, 1978.

After that, around April 1980, the Deceased sold the instant land, etc. to the Plaintiff or G, and G died on September 25, 1981.

On June 21, 1987, the F purchased the instant land, etc. from G H, one of the successors to G (hereinafter “instant purchase”) and donated it to the Plaintiff around that time.

Since June 21, 1987, the Plaintiff occupied the land of this case, included in the subject of the purchase of this case as its owner’s intention from June 21, 1987, the acquisition by prescription for possession of the land of this case was completed around June 21, 2007.

However, the defendant was well aware of the circumstances leading to the change in ownership of the land of this case, and even if the defendant was unaware of the purchase of this case, the land of this case.