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(영문) 대전지방법원공주지원 2020.05.14 2019가단455

손해배상(기)

Text

1. The Defendant’s KRW 48,800,000 as well as the annual rate of KRW 5% from August 11, 2016 to May 14, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On November 14, 1994, the Defendant completed the registration of ownership transfer based on the sale on June 8, 1984 with respect to the land of 1,613 square meters in public cities, public cities, and the Defendant completed the registration of ownership transfer based on the sale on June 8, 1984. On February 5, 2015, the registration of ownership transfer based on the sale on January 28, 2015 (hereinafter “D”).

B. Meanwhile, on February 24, 2015, the instant land was combined with E field 2,149 square meters in public cities, public cities, and became E field 3,762 square meters.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Plaintiff is a small-scale clan in the middle-term group of G clans F (hereinafter “G clans”) that is set up in the middle-term group of G clans and the clan that is set up in the middle-term group of H.

On June 9, 197, the land of this case is a species of land owned by the clan, and is managed in title trust with the land of this case in the name of I, J, and K, which is its final cause. In around 1985, at the end of the clan, the Plaintiff transferred the ownership of the land of this case to the Plaintiff. At the ordinary general meeting held around 1989, the Plaintiff passed a resolution to use the land of this case as the above answer for the extension of the time of the Plaintiff clan 3rd of the Plaintiff clan, and to preserve it under the name of “M” in the name of the next hand of “M”.

After January 16, 1994, at the Plaintiff’s ordinary meeting held on January 16, 1994, the Plaintiff demanded that the Defendant’s set of this case’s land be trusted and preserved in the name of his descendants, and that the Plaintiff, in accordance with the Act on Special Measures for the Registration of Real Estate, purchased the instant land from I, J, and K in the form of a formal manner, and subsequently trusted and preserved the name of the Defendant in the name of P, Q, and R3, and completed the registration of ownership transfer in the future of the Defendant.

However, the defendant on January 28, 2015 is the plaintiff.