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(영문) 서울중앙지방법원 2015.04.08 2014나57197

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff’s clan C filed a lawsuit claiming confirmation of land ownership (Seoul Central District Court 2010Kadan260352) with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) in which it was unregistered against the Republic of Korea (hereinafter “instant real estate”). In the instant case, the decision of recommending reconciliation on September 30, 2010, stating that “the Republic of Korea confirms that the instant real estate is owned by C” was final and conclusive.

B. On December 3, 2010, upon the decision to recommend reconciliation, registration of ownership preservation in C was made in relation to the instant real estate in the name of C.

C. After the registration of preservation of ownership was completed, C had the F made a registration of creation of a collateral security (hereinafter “registration of the instant collateral security”) with respect to the instant real estate by the Suwon District Court, Youngwon District Court, Magwon-si Office, 172271, which was accepted on December 3, 2010, against the maximum debt amount of KRW 300 million, the debtor C, and the mortgagee F.

The Plaintiff: (a) appointed the Defendant, an attorney-at-law as the attorney and filed a lawsuit against Suwon District Court 201Gadan8672 to seek implementation of the procedure for ownership transfer registration (hereinafter “instant lawsuit”); (b) on November 10, 201, on the ground that G, who filed the lawsuit as the representative of the Plaintiff at the time, cannot be deemed a lawful representative of the Plaintiff, the Plaintiff was dismissed on November 10, 201.

Since then, the Plaintiff appealed to the Plaintiff’s appointment of Plaintiff H as a legal representative, and the appellate court of the instant case (U.S. District Court 201Na43348) rendered a judgment on the merits on the grounds that G was duly elected at an extraordinary general meeting held after the judgment of the first instance was rendered, and eventually, on April 12, 2013, the Plaintiff stated that “C will cancel the judgment of the first instance, and C will implement the registration procedure for transfer of ownership based on the termination of title trust as of February 16, 201 with respect to the instant real estate to the Plaintiff.”