손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 28, 1960, the Plaintiff’s Siber land B purchased from the Defendant Republic of Korea the specific part of 5,720 square meters prior to the Incheon Dong-gu, Incheon (hereinafter “pre-land substitution”), and completed the registration of ownership transfer as to the portion of 100/5,720 out of which was July 15, 1964.
In implementing a land readjustment project on April 14, 1970, the part purchased by Defendant Incheon Metropolitan City B in the course of designating a land scheduled for replotting was confirmed to be the land substitution of 392.4m2 in the Dong-gu Incheon Metropolitan City (hereinafter “instant land”), but the registration of transfer of ownership as co-owners was completed for the entire land of 18 adjacent land without completing the registration of transfer of ownership due to sole ownership.
B. As the Plaintiff died on June 19, 1973, the Plaintiff completed the registration of ownership transfer for 300/148,720 shares out of the land of this case on February 27, 1990, and completed the registration of ownership transfer for 2,300/148,720 shares out of the land of this case on November 11, 1996.
이에 따라 이 사건 토지에 관한 원고의 지분은 100/5,729(≒100/5,7300/148,720 2,300/148,720 = 2,600/148,720)으로서 망 B가 사망 전 보유하던 지분과 같게 되었다.
The plaintiff filed a lawsuit against other co-owners of the land of this case for the registration of ownership transfer on the ground of termination of trust (Seoul High Court Decision 2005Da114661), but the plaintiff filed an appeal after being sentenced to a judgment in favor of some co-owners on December 29, 2006 (Seoul High Court Decision 2007Na2107) on the ground that some shares were disposed of after the lawsuit was brought, but the lawsuit was concluded as the withdrawal of the decision of recommending settlement on February 25, 2008.
C. The Plaintiff filed a lawsuit claiming damages of KRW 100 million against the Defendant Incheon Metropolitan City (Seoul District Court 2006Gahap16068) with the same assertion based on the same factual basis as in the instant case, and is as follows.