손해배상(기)
1. The claims of the plaintiff (appointed party) and the Appointed B are all dismissed.
2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.
1. Basic facts
A. The Plaintiff (Appointed Party) and the Appointed B (hereinafter “Plaintiffs”) are children of Non-Party C who died on April 20, 1981.
B. The Republic of Korea completed the registration of initial ownership on April 29, 1971 with respect to D forest land 694,475 square meters in Seocho-si, Young-si. On March 11, 1988, the said land was divided into D forest land 661,416 square meters and E forest land E 33,059 square meters in inner city.
(hereinafter the above E forest land is referred to as “instant forest land”).
On February 17, 1988, the defendant decided to build F in the forest of this case. On April 14, 1988, the defendant completed the registration of ownership transfer on the forest of this case due to sale on April 6, 198.
On November 24, 1989, the Defendant obtained a building permit for construction of F (hereinafter referred to as “instant building”) of reinforced concrete structure F (hereinafter referred to as “instant building”) with the fifth floor above the ground level on the instant forest land, and subsequently continued the construction, and obtained the approval for the use of the instant building on December 17, 1990.
E. On September 15, 1994, the forest of this case was subject to registration conversion into G forest 33,777 square meters in Seocho-si on the same day, and the said 2,341 square meters in size was divided into the said H, and the said 2,829 square meters in size, respectively, and the remaining land category was changed to the said 28,607 square meters in size.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 6, 16, Eul evidence Nos. 3 and 14 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiffs' assertion that around April 1963, C filed each judgment on 700 m3 m27,000 m27,000 m2,00 m2,00 m2,00 m2,00 m2,00 m3,00 m2,00 m2,00 m3,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2
3. The defendant's lawsuit of this case regarding the main defense of this case.