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(영문) 서울중앙지방법원 2011.10.07 2011가합57888

손해배상

Text

1. The Defendant’s KRW 3,361,903,471 as well as the Plaintiff’s annual rate from May 28, 201 to October 7, 201, respectively.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in the statements in Gap evidence 1-1-2, evidence Nos. 25, evidence Nos. 26-2, evidence Nos. 26-1-3, evidence Nos. 1-5 and Nos. 5-7.

The plaintiff's land purchase on September 12, 1959, 502/901 shares in Seongbuk-gu Seoul Metropolitan Government B large 901 square meters (hereinafter "the land before the merger of this case"), which was owned by the defendant, and the real estate (site) belonging to the defendant between the plaintiff and the defendant (site) sale and purchase contract (Evidence A No. 1-3), the subject matter of sale is "Songbuk-gu."

B. Although the said sales contract contains a statement of large 213 square meters and large 289 square meters, the said “large 213 square meters and large 289 square meters” is deemed to be a “502/901 shares of the land before the instant merger,” insofar as there is no ground to specify which part of the land before the instant merger.

After purchasing Eul's purchase price at 497,000, the above purchase price was fully paid to the defendant on September 27, 1961.

B. The land prior to the instant annexation was combined with C through D, E through F, G, H, and I on June 14, 1965, and the total area of which was 4,248 square meters (hereinafter “4,248 square meters”) was 4,248 square meters following the instant annexation.

The land of J or K on the same day after the merger of this case was made, L and M on June 15, 1965, N andO on June 18, 1965, and land of November 9, 1966, and land of November 7, 196, listed in the annexed Table 7.

A. On February 22, 1967, P through Q land, and on June 15, 197, each land listed in the Schedule No. 2 and No. 3 of the annexed Table No. 2 and No. 3 of the annexed Table No. 2 and No. 3 of the annexed Table No. 1971.

(A) As a result of the division, the remaining area of the land after the merger of this case became 51 square meters (168 square meters).

This 168 square meters is the land listed in the attached Table 1, which is the land listed in the attached Table 1, and hereinafter referred to as "land" in this case.

C. The defendant's sale or transfer to Seoul Special Metropolitan City (the merger of this case).