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(영문) 대전지방법원서산지원 2017.08.31 2017가합50210

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) On August 13, 1918, G’s registration of ownership preservation: (a) the Defendant was under the name of 22 years of age in H H’s middle grouped B, and consisting of descendants. (b) The J of 25 years of age, a lineal descendant of H, was under the name of 36 non-permanent 1st 4th Ka-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “the forests before the instant division”).

3) Around 1945, J died of L, and thereafter, upon the death of J around 1948, G succeeded to L’s property. 4) Before the instant division, the forest was divided into the K-gun K-gun K-gun 1 group 1 group 1 group 2 group m m 2 group m m 2 group m m m 1 group 1 group 1 group 36 group m 36 group m 1 group 1 group 36 group m 1 group 34 group 8 group m 34 group m 8 group m 1, 1960 group 8 group m 34 group m 8 group m, N, P, Q, Q, R, T, U, V, and W m 1 group 34 group 8 group 85 group m 196 group 28 and 70 group 196 group 28, 196.

5) On March 11, 1966, G completed the registration of initial ownership in its name with respect to each of the lands listed in paragraph (4) above, which was divided in the forest land before the instant partition, and each of the said lands became real estate listed in the separate sheet, 58,464 square meters and the separate sheet, in order to complete the procedures for division, registration conversion, etc.

6) On July 26, 2004, G sold 58,464 square meters of K forest in Y, Z, AA, etc. on the same day, and completed the registration of ownership transfer as to the above land on the same day. (B) The Defendant filed a lawsuit against G, who is the descendants of J on August 10, 2004, seeking the return of KRW 1,379,750,400, which is the equivalent value, with respect to each real estate listed in the separate list under the title trust in the court list under this Court Ordinance as to G, who is the latter descendants of J on August 10, 2004, arguing that the Defendant had title trust with respect to the forest of this case prior to the instant division under the name of J. 1, 204.

2.0.