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(영문) 청주지방법원 2014.09.25 2012가단33426

손해배상(기)

Text

1. The Defendant: (a) KRW 32,864,504 to the Plaintiff; and (b) KRW 5% per annum from December 14, 2012 to September 25, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The land before the instant partition was owned by the network D. Since D’s death, the registration of ownership transfer was made to the Defendant on the ground of “the inheritance on December 2, 1963” as the receipt of No. 3469 on November 15, 1967 with respect to the said land by the Cheongju District Court No. 3/8, 1/8, 2/8, and 2/8 against the Defendant. The registration of ownership transfer was made to the Defendant on November 15, 1967 by the Cheongju District Court No. 3470 on the receipt of No. 3470 on November 15, 1967, with respect to each of the said shares owned by E, F, and the Plaintiff.

B. After that, on March 9, 1983, the Defendant completed the registration of ownership transfer to G with respect to the shares of 260/617 shares of the land prior to the instant subdivision. On September 4, 1987, G completed the registration of ownership transfer with respect to the shares of 29/617 shares of the land prior to the instant subdivision. However, on April 10, 2001, G completed the registration of ownership transfer to H with respect to the shares of 260/617 shares.

C. On May 12, 201, the instant land before the instant partition was divided into the Chungcheongbuk-do, 106 square meters (hereinafter “instant land”) and the I large 98 square meters (hereinafter “instant land”). On November 22, 2012, Chungcheong-gun completed the registration of ownership transfer on the ground of a consultation acquisition of public land regarding H’s shares out of the instant land No. 2, 289/617 on November 22, 201.

On the other hand, on April 3, 2006, the plaintiff asserted against the defendant on November 15, 1967 that the registration of transfer of ownership in the name of the defendant on the plaintiff's shares in the land prior to the division of this case was null and void on the ground that the registration of transfer of ownership in the name of the defendant was made without any cause, and filed a lawsuit claiming the cancellation of registration of transfer of ownership in accordance with Suwon District Court 2006Kahap5898. The above court rendered a judgment on June 1, 2007 on the purport that "the defendant shall implement the procedure for registration of cancellation of ownership transfer, which was completed on November 15, 1967 as to shares in the plaintiff's shares in the land prior to the division of this case," which was completed on November 15, 1967.