손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 26, 2013, the Defendant completed the registration of ownership transfer on the ground of a donation made on April 22, 2013 to Dozers as to the instant land (hereinafter “instant land”) and completed the registration of ownership transfer on April 22, 2013.
B. The Plaintiff’s mother owned F orchard 2,294 square meters adjacent to the instant land, and E used part of the said land, the instant land, and the instant land, and part of the G orchard 4,404 square meters, which was owned by the Defendant, as an orchard in Seopo-si, Seopo-si, Seopo-si, the Defendant, and installed plastic houses and warehouses on the ground thereof.
E A. On March 4, 2013, the Plaintiff died, and on April 30, 2013, the Plaintiff completed the registration of ownership transfer on the said F land due to inheritance by agreement division. The Plaintiff occupied the instant land, the warehouse, stone fence, and plastic houses on the ground of some of the said G land.
C. On November 18, 2013, D filed a lawsuit against the Plaintiff seeking the removal of the instant land and of vinyl houses, etc. on the instant G land as Jeju District Court 2013Kadan18508, and delivery of occupied parts, etc.
On May 16, 2014, the Plaintiff filed a lawsuit against the Defendant and D seeking the cancellation of ownership transfer registration with the purport that “The Defendant is obligated to implement the procedure for ownership transfer registration on the instant land and the instant G land due to the completion of the statute of limitations for the acquisition of possession on the land in question, and the Defendant’s donation of the instant land to D is null and void in breach of social order, and thus, D is obligated to perform the procedure for the cancellation of ownership transfer registration.”
On May 19, 2015, E acquired the prescription of possession on the instant land and part of the said G land on March 10, 1997. Since D acquired the ownership lawfully by completing the registration of ownership transfer, the obligation of the Defendant to transfer ownership became impossible, and the Defendant D.