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(영문) 의정부지방법원 2014.11.07 2014가단100962

손해배상(기)

Text

1. Defendant B shall pay to the Plaintiff KRW 76,360,00 and 20% per annum from September 12, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 1, 1913, G was subject to the assessment on July 1, 1913, 1913, the Gyeonggi Yang-gun, the Fforest No. 1,500 (hereinafter “instant forest”). On November 1, 1969, the instant forest was divided into J forest and 150 square meters, and H, I, and J forest were divided into 150 square meters among H forest and 150 square meters on December 15, 1970, and KRW 150 square meters each, among H, H, I, and I forest were finally divided into 496 square meters of H, 496 square meters of forest and 496 square meters of I forest and 496 square meters of forest in Yangju-si.

On the other hand, the registration of ownership transfer in the name of K was completed on July 13, 1981 under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 197; hereinafter “Special Measures Act”) on the said H forest and I forest (hereinafter “I forest”) and I forest, and the registration of ownership transfer in the name of K was completed on March 31, 1995.

B. On October 2, 1913, M 132 was assessed against N on October 12, 1913. On February 12, 1958, the above land was assessed against N, and on February 19, 1958, the neighboring O large 139 square meters was restored to G. The above M and O land were both owned by P on June 30, 1953, and the recovery registration was completed on June 30, 1953. After the change of administrative district, the above M land was finally registered as the owner of P, and the above land was assessed against M 436 square meters (hereinafter “M land”). The above O land became two weeks, and the O large 460 square meters (hereinafter “instant land”).

C. On October 27, 2008, the ownership transfer registration under the Plaintiff’s name was completed. As to the land of this case, the registration of ownership transfer was completed on June 30, 1953 by the Government Registry of the District Government Branch of the District Court, as the receipt No. 16756 of June 30, 1953, the registration of ownership transfer under Q’s name was completed under the Act on Special Measures for Development of the same Registry (Act No. 22793, Aug. 31, 1981), the registration of ownership transfer under Q’s name was completed on June 30, 1993; the registration of ownership transfer under R’s name was completed on October 31, 2002; and the registration of ownership transfer under Defendant B’s name was completed on October 31, 2002.