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(영문) 서울중앙지방법원 2014.05.15 2014가합503252

손해배상(기)

Text

1. The defendant shall pay 219,150,000 won to the plaintiff and 20% per annum from February 4, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The answer B B at 884 (Yinwon-gun C, Gyeonggiwon-gun, 884, hereinafter referred to as “instant land”) is the land assessed by D around April 19, 1911 (Seoul High Court 44 years), respectively.

B. As to the land of this case, the defendant completed the registration of ownership transfer under the name of the defendant as of June 15, 1959 by the Suwon District Court Seosung registry office as of June 15, 1959, and Gyeonggi-do as the receipt of August 23, 1994 by the same registry office as of December 31, 1993, respectively.

C. E, the heir of D, the title holder of the land of this case, filed a lawsuit against the Defendant and Gyeonggi-do seeking the registration of preservation of ownership in the name of the Defendant and the cancellation of transfer of ownership in the name of Gyeonggi-do, as Seoul Central District Court 2010Gahap54837. On April 19, 2011, the above court ordered the Defendant to cancel the registration of preservation of ownership and the cancellation of the registration of transfer of ownership in the name of Gyeonggi-do. On April 19, 201, the court rendered a judgment ordering the Defendant

The defendant filed an appeal with Seoul High Court No. 2011Na37348 against the above judgment. In the above appellate trial proceedings, the defendant asserted that "E was damaged by the defendant due to the completion of the acquisition by transfer of the land in this case by transferring the land in this case to Gyeonggi-do and completing the registration of transfer of ownership, thereby completing the acquisition by transfer of ownership," and changed the purport of the appeal to seek damages against the defendant due to the above unlawful act.

On or before August 13, 1943, D, the assessment titleholder, sentenced F to a ruling dismissing a claim for exchange alteration on or before July 6, 2012 for the reason that D had sold the instant land to F and lost its ownership. The above ruling became final and conclusive around that time.

E. The term “sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-