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(영문) 서울중앙지방법원 2017.09.22 2017가합540115

손해배상(기)

Text

Defendant each of KRW 171,091,200 to Plaintiff A and B, and KRW 77,768,727 to Plaintiff C, respectively, and KRW 31,107,490 to Plaintiff D, E, and F, respectively.

Reasons

Basic Facts

A. The land research division, which was prepared during the Japanese colonial rule period, shall consist of 81 square meters (hereinafter “instant land before the instant partition”), prior to the Gyeonggi Yang-gun G (hereinafter “instant land”).

(2) The land prior to the division was indicated as H’s assessment. 2) Following the division, unit conversion, administrative district change, land category change, etc. on February 12, 1958 (see the attached Table of division and consolidation), 114 square meters in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter referred to as “Seoul Special Metropolitan City, Nowon-gu’s J-dong land”), 15 square meters in the above administrative district, 28 square meters in the L School site, 29 square meters in the M School site, 82 square meters in the M School site, 82 square meters in the above N-road site was combined with 15 square meters in the above K-road, and the aggregate of 171 square meters in each school site (hereinafter referred to as “the land of this case”) was combined with 30 square meters in each of the above land of this case (hereinafter referred to as “the land of this case”) and 34 square meters in each of the instant school foundations (hereinafter referred to as “the land of this case”).

B. On March 7, 1991, prior to the change of land category and the merger, the Defendant completed the registration of ownership transfer with respect to the land of this case 114 square meters, K-road 15 square meters, L-school sites, 28 square meters, M-school sites, 29 square meters, and N-82 square meters, and theO completed the registration of ownership transfer with respect to the land of this case 114 square meters on June 12, 1992, and the registration of ownership transfer with respect to the land of this case 114 square meters on L-school sites on September 28, 1992, and 29 square meters on M-school sites.

C. Along with the death on August 28, 1932 by the inheritance-related plaintiffs H, Q, South South, succeeds to H’s property (based on custom regarding inheritance commenced prior to the enforcement of the Civil Act. According to the former custom, where the family head died, the heir of Australia independently succeeds to the decedent’s property, and where there is the recovery center, the heir of Australia becomes the heir of the first Australia (see Article 79 of the registered rules). And Q dies on September 9, 2007, and the plaintiffs died on the part of Q Q as shown in the inheritance share sheet.

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