beta
(영문) 서울동부지방법원 2020.07.02 2019가단16070

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Before the subdivision, Gangwon-do D, 694 square meters (Around 210 square meters; hereinafter “instant land”), E prior to E, 195 square meters (around 59 square meters; hereinafter “instant two land”); and F.C. 3,745 square meters (around 1,133 square meters; hereinafter “instant three land”) were the land registered under the name of G (hereinafter “each of the instant land”). However, upon the death of G on April 7, 1966, Defendant C, who was the Republic of Korea, Nonparty H, Defendant B, and C, the Nam-nam, were jointly inherited the deceased.

B. On April 17, 1972 with respect to each of the instant lands, a farmland sales contract in which the Plaintiff and the seller are the Defendant B (hereinafter “instant sales contract”).

According to the above sales contract, the Plaintiff purchased each of the lands of this case from Defendant B at KRW 65,00,000, but the down payment of KRW 10,000 and the intermediate payment of KRW 45,000 shall be paid on the date of the contract, and the remainder of KRW 10,000 shall be paid after the completion of the procedure

C. On the other hand, along with the instant sales contract, each letter jointly signed with the Defendants and H3 persons (hereinafter “each letter of this case”) was also prepared, and this is written in the upper end of each letter of this case, stating that “I shall write down each piece of land of this case in the upper end of each letter of this case. In selling Ha, I shall confirm the failure of registration due to the end of the joint signature registration, and then, if the registration is transferred to Ha, I shall be an impossible letter.”

After that, the instant land was divided into 592 square meters, 26 square meters, and 76 square meters prior to J, Gangwon-do, and the ownership on the registry was completed on August 30, 2018, on August 21, 2019, the registration of ownership transfer was completed due to the donation in the future of Non-Party K on the ground that the registration of inheritance was completed on August 21, 2019.

E. The instant land was later divided into E large 103 square meters, L road 13 square meters, and M road 79 square meters. The instant land was reconstructed in the name of N on September 25, 1985.