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(영문) 서울중앙지방법원 2016.09.30 2016가합522202

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 1,043,278,00 and the interest rate of KRW 15% per annum from May 5, 2016 to the date of full payment.

Reasons

1. The following facts are established on a comprehensive basis of each description of Gap evidence Nos. 1 to 14, 16, and 17 (including each number, if any).

A. The entry and division of the instant land on the registry were 1) Gyeongnam-gun B (the name of the administrative district after this was changed to Busan Dong-gu C and the Simdong-gu C, Busan.

(D) 1,025 square meters (310 square meters, hereinafter “D”) for D land

E as to September 1, 1945, received No. 2680, received on September 1, 1945, and due to trade on July 24, 1945, E (hereinafter “the deceased”).

(2) On September 8, 1958, the ownership transfer registration was completed in G, which is a creative name of G. (2) D land was divided into H large 33 square meters (10 square meters), G large 66 square meters (20 square meters), J large 76 square meters (23 square meters), K large 850 square meters (257 square meters, hereinafter “the land before the division of this case”).

Although the transfer registration of ownership was completed in the name of G, the above I, J, and K were transferred to the division on May 28, 1964, and the transfer registration of ownership was completed in the name of the Republic of Korea on September 1, 1945, and on July 24, 1945.

3) The registration of ownership transfer was completed on September 14, 1990 in the name of Q, R, S, T, U,V, and W with respect to the land prior to the instant subdivision in the Republic of Korea through L, M, N,O, P, and on September 15, 1990. (4) The land prior to the instant subdivision was divided into each land listed in the separate sheet on October 15, 1990 (hereinafter referred to as “instant land”; and (3) the land prior to the instant subdivision was divided into the land in the separate sheet on September 15, 1990. (4)

B. As a result of the relevant litigation, the Deceased shall implement the procedure of ownership transfer registration for the registrant of the instant land by Seoul Central District Court 2014Gahap56339, Sept. 1, 2014 (Seoul Central District Court 2014Gahap56339), and the Defendant unlawfully made the registration of ownership transfer for the instant land in his name and sold it to its own property.