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(영문) 서울북부지방법원 2016.07.07 2015가단146351

손해배상(기)

Text

1. Defendant B’s KRW 58,586,40, and as to the Plaintiff, KRW 55% per annum from August 18, 2008 to December 21, 2015.

Reasons

1. Basic facts

A. On December 27, 1947, the deceased H was registered as the owner of the land unregistered as the land for maintaining 3,792 square meters in Cheongyang-gun, Chungcheongnamyang-gun (hereinafter “instant maintenance”). As the deceased on June 30, 1950, the deceased H became the legal inheritor.

B. On the other hand, on October 25, 2007, the Saemaeul Association composed of the residents of the Cheongyang-gun I (hereinafter “the Saemaeul Association of this case”) held a residents’ general meeting and applied for a confirmation in the name of the Saemaeul Association of this case as to the two parcels maintained including the maintenance of this case in accordance with the Act on Special Measures for the Registration of Transfer of Real Estate Rights, and applied for a registration of preservation of ownership in the name of the Saemaeul Association of this case by this confirmation, but made a resolution to delegate the above legal act to the deceased K who is the representative.

At the time, the deceased K explained that “this case’s maintenance was deposited in our village on April 12, 1948 and was managed as a reservoir” to the Saemaul members of this case prior to the above resolution.

C. Since then L, M, and N (hereinafter “L, etc.”) were a guarantor, the Saemaul Association of this case prepared a certificate of guarantee that it was donated to the maintenance of this case from the network H on October 29, 2007. On February 11, 2008, the deceased K was issued with the certificate attached thereto. On March 14, 2008, the registration of ownership transfer was completed on March 14, 2008, accompanied by a copy of the register, and the registration of ownership transfer was completed on August 5, 2008 through the consultation procedure for the acquisition of land with the Korea Rural Community Corporation on August 5, 2008. The registration of ownership transfer was completed in the future, and the compensation was received from the Korea Rural Community Corporation for two lots maintained including the maintenance of this case on August 18, 2008, and was paid by the Korea Rural Community Corporation as 90,921,150 won (No. 585 won).

Since then, on January 23, 2009, the Dong K held a residents' meeting on January 23, 2009 and Defendant B out of KRW 90,921,150 of the compensation.