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(영문) 서울중앙지방법원 2015.12.08 2014가단5344901

손해배상(기)

Text

1. On December 9, 2015, the Defendant: (a) against Plaintiff A, the respective amount of KRW 6,859,11 and the respective amount of KRW 14,288,667, Plaintiff B, C, and D, respectively.

Reasons

1. Basic facts

A. The status of the plaintiffs E as a F student, Plaintiff A was the wife, Plaintiff B, C, and D of E, and Eul died on September 14, 1998.

B. In accordance with the Farmland Reform Act promulgated in around 1950, the father G of Dong-gu Seoul Ha was distributed farmland on the condition that the repayment of the redemption 335 square meters (hereinafter “instant land”) was made, according to the illegal confinement and conviction of Eul (1).

(2) G died on February 24, 1963.

(3) E-type I filed a lawsuit against the Defendant for the registration of ownership transfer of the instant land (hereinafter “instant lawsuit”) and received a favorable judgment on June 30, 1965 (Seoul District Court 64Na10457). The Defendant appealed against this (Seoul High Court 65Na1798), but the appeal was dismissed on June 3, 1966 (Seoul High Court 65Na1798). The Defendant appealed again, but the appeal was dismissed on September 20, 1966.

(Supreme Court Decision 66Da1345. (4) E had been forced to act in a voluntary manner with regard to the instant lawsuit on July 6, 1970 to the investigator of the Seoul District Prosecutors' Office, and the same month.

8. A detention warrant was requested on suspicion of fraud, perjury, etc.

(5) The prosecutor of Seoul District Prosecutors' Office is the same month.

9.A. E’s warrant of detention was dismissed, but E was not immediately released, and the warrant of detention was issued again on the same day, and E was detained in the Seoul detention center.

(6) As seen above, E was investigated into an illegal confinement for more than 48 hours after the compulsory confinement and until a detention warrant is issued. They were forced by an investigation agency to waive the right to the instant land and forced her to do so.

(7) On August 24, 1970, E is charged with the purport that he filed the instant lawsuit in collusion with I, etc. and acquired the instant land by fraudulent means [the Seoul Criminal Court 68Da42609, 69, 13577, 69Da29382, 70, 27529 (combined), 70,27529 (Joint), 70,30743 (Consolidated)]] on February 18, 1974, including two years of suspended sentence and 135 days of pre-trial detention.