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(영문) 서울고등법원 2018.11.08 2018나2017431
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The relationship C (hereinafter “the deceased”) between the parties had D as a legal spouse, and the Defendant, the Plaintiff, E, F, G, H, and I are children between the deceased and D.

B. The Defendant, around January 8, 1957, omitted the address from the deceased to the Juri-gun of North Korea (hereinafter referred to as the “Jan-gun”) before the division, around January 8, 1957.

2) The forest land in K is 82,062m2 (hereinafter “forest land before the instant partition”).

(2) The forest land before the instant subdivision was divided, and was divided into several parcels, including the real estate listed in the “Real Estate List”, and the registration conversion was completed on April 9, 1957.

3) The copy of each farmland ledger issued by the Plaintiff and E on April 21, 2014 stated that “the Plaintiff leased real estate owned by the Defendant and used it as orchard from March 3, 2012 to March 3, 2020, and “E leases 20,000 square meters of the forest land before the instant division owned by the Defendant from August 23, 2011 to December 31, 2013 and uses it as orchard.” (C) The Defendant entered into a sales contract on the forest land before the instant division to Q, who is the wife of the P Hospital operator located in the Seocho-gun-gun located in the Seocho-gun located in the Seocho-gun District Office in the early 1980s, with the interest rate of 10,000 square meters prior to the instant division, 20,000 square meters prior to the instant division, and 30,000,000 per annum of the instant forest land as security and interest rate of 10,000.

Accordingly, the Defendant, around February 14, 1985, completed the Defendant’s repayment of the Defendant’s P Hospital’s obligation by December 30, 1987, the Plaintiff, E, and E, who is a dynamics, with approximately 10,000 square meters of the south-developed land centering on the paths among the forests and fields before the instant partition, from among the annexed Table 3, the land subject to the instant purchase and sale.

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