손해배상(기)등
The judgment below
The part against the plaintiffs is reversed, and that part of the case is remanded to the Seoul High Court.
The defendant.
The grounds of appeal are examined.
1. Case summary
A. On September 8, 1913, L was assessed on each of the lands listed in the separate sheet of the lower judgment (hereinafter “each of the lands in this case”) as “land Nos. 1 through 2” in accordance with the sequence of the above list when L individually followed each of the lands listed in the separate sheet of the lower judgment (hereinafter “each of the instant lands”).
B. The registry, official cadastral record, etc. on each of the instant lands were destroyed due to the incident of June 25, and thereafter restored, the restoration was entered into by the owner of T, a defendant, or M, who had already died, instead of the title holder of the situation. As to the instant land, the Defendant was in accordance with the former Act on Special Measures for the Registration, etc. of Ownership Transfer of General Farmland (Act No. 1657) on June 4, 1965, and with respect to the instant land No. 2, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 2111, Oct. 31, 1970), and completed each registration of ownership preservation.
C. On the other hand, on February 2, 2010, the Defendant sold a 1,101,60,000 square meters of land AB prior to Dongcheon-si, a part of the instant land No. 1, and 5326 square meters of land AC, a part of the instant land No. 2 (hereinafter “the part sold among each of the instant land”).
The plaintiffs, the heir of the above L, filed a claim against the defendant for the cancellation of registration of preservation of ownership as to the part remaining in the name of the defendant among each land of this case, and filed a claim for the payment of money equivalent to the purchase price received by the defendant with respect to each part of the land of this case, and the court below accepted the claim for cancellation of registration of preservation of ownership
2. As to the Defendant’s ground of appeal on the claim for cancellation of registration of preservation of ownership
A. The lower court amended by Act No. 2801 on December 31, 1975 to restore the owner of each of the instant land to T or M.