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(영문) 대전지방법원홍성지원 2014.08.13 2013가단1471
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 June 14, 2004, the Defendants sold each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Plaintiffs and F in KRW 330,000,000 (hereinafter “instant sales contract”). After receiving full payment from the Plaintiffs and F, the Defendants completed the registration of ownership transfer with respect to the instant real estate to the Plaintiffs and F.

B. Among the instant real estate, part of the land in paragraphs 1, 2, 3, 9, and 10 (hereinafter “instant incorporated land”) is incorporated into a river, and the present situation is as listed below.

순번 대상 부동산 하천 현황 편입 면적 1 충남 예산군 G 전 2,149㎡ 별지 도면 (ㄷ) 부분 1,034㎡ 2 충남 예산군 H 하천 909㎡ 별지 도면 (ㅂ) 부분 518㎡ 3 충남 예산군 I 하천 1,144㎡ 별지 도면 (ㅓ) 부분 695㎡ 9 충남 예산군 J 양어장 1,121㎡ 별지 도면 (ㅈ) 부분 22㎡ 10 충남 예산군 K 전 1,008㎡ 별지 도면 (ㅌ) 부분 80㎡

C. Meanwhile, at the time of the instant sales contract, Defendant C agreed with the Plaintiffs to remove fish farm facilities on the instant real estate surface, and up to now, the portion owned by the Plaintiffs among the instant real estate remains on the ground.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 6-1 through 5, Eul evidence 3, result of on-site verification by this court, result of a request for surveying and appraisal of the Korea Cadastral Survey Corporation, the purport of the whole pleadings

2. Determination

A. The plaintiffs asserted that ① the Defendants sold the instant real estate and purchased the said real estate in trust by explaining that they were not included in the river in the sale of the said real estate. In fact, there is the land incorporated into the river. Accordingly, the contract for the sale of the land corresponding thereto was cancelled by mistake or deception, and the amount corresponding to the area is to be returned. ② Meanwhile, the Defendant C is on the instant real estate.

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