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(영문) 창원지방법원밀양지원 2020.06.12 2019가합10209

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. On February 10, 1912, N on the former land cadastre of 3842 square meters (hereinafter “instant land”) of Gyeongnam-gun M Forest and M (hereinafter “instant land”), the ownership was transferred to N on March 15, 1921.

B. The land of this case is each land listed in the separate sheet No. 1 (hereinafter “each land of this case”); the defendant completed the registration of preservation of ownership of the real estate listed in the separate sheet No. 1 on November 13, 1986, as to each real estate listed in the separate sheet No. 1 on June 26, 196, as to each real estate listed in the separate sheet No. 1 on November 13, 1986, and on May 21, 1993.

C. O and P Co., Ltd. (hereinafter collectively referred to as “O, etc.”) purchased each of the instant land and neighboring land from around 2009 to around 2014, and completed the registration of ownership transfer, and carried out a land development project (hereinafter “instant land development project”).

The land cadastre and the registry of each of the instant real estate were closed on December 18, 2014 due to the implementation of the instant land development project, and theO, etc. completed the registration of preservation of ownership of each of the instant real estate listed in the attached Table 2 (hereinafter “each of the instant real estate”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The gist of the plaintiffs' assertion is N (hereinafter "the deceased") of the deceased deceased on July 5, 1974, and the defendant completed the registration of preservation of ownership of each of the land of this case without any title, even though the deceased acquired ownership upon the assessment of the land of this case. Thus, the registration of preservation of ownership of the defendant's name is null and void, and the registration of transfer of ownership of theO, etc. based on the registration of preservation of ownership of the ground invalidation is null and void.

However, the land cadastre and registry of this case were closed due to the implementation of the land development project of this case, and since the O et al. acquired each of the real estate of this case with a new lot number.