beta
(영문) 청주지방법원 2014.04.16 2013가합27326

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 31, 1998, the procedure for compulsory sale by official auction (hereinafter “instant procedure for compulsory sale by official auction”) was initiated as F for the Daejeon District Court of Daejeon District on January 31, 1998, with respect to the size of 10,130 square meters and 92 square meters for D forest land (the above two real estates were combined with 11,122 square meters for E religious land on April 30, 2009; hereinafter “instant real estate”) where the ownership transfer registration was completed under the name of the Incorporated Foundation A (the title was changed to the name as of December 7, 1998, which was changed to the current name as of December 7, 1998).

G is paid on December 30, 1998 according to the decision of permission for sale of the same court after winning the instant real estate during the compulsory auction procedure of this case (hereinafter “decision of permission for sale of this case”) and completed the registration of ownership transfer by paying all the proceeds of sale.

B. After that, H on May 31, 2001 and on December 16, 2002, I completed each registration of the transfer of ownership on the instant real estate in turn.

J on July 14, 2006, the Daejeon District Court Branch K and L (Consolidated) real estate auction procedure (hereinafter “instant voluntary auction procedure”) awarded the instant real estate on August 2, 2006 and completed the registration of transfer of ownership by paying all proceeds of sale on August 2, 2006. The Plaintiff received dividends of KRW 231,000,000 in the instant voluntary auction procedure.

C. After that, M on May 11, 2009, and on January 28, 2010, members of the National Foundation completed each registration of ownership transfer in turn. D.

The Incorporated Foundation A did not obtain permission from the competent authority when acquiring the instant real estate, which is the basic property of the Incorporated Foundation A, against G, H, I, J, M (Seoul District Court Decision 2011Gadan11388) and the State Council (No. 2011Gadan1961) as the Incorporated Foundation A, and accordingly, the registration of transfer of ownership is null and void. Accordingly, the registration of transfer of ownership is filed based on the assertion that each transfer of ownership in the name of the State Council member, H, I, J, M, or the Incorporated Foundation is null and void.