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(영문) 대전지방법원천안지원 2014.12.19 2014가합775
손해배상
Text

1. The Defendant’s KRW 114,258,00 for the Plaintiff and KRW 5% per annum from January 14, 2014 to December 19, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff’s attached B, around 1950, entered into a redemption agreement (hereinafter “the instant redemption agreement”) with the content that the Plaintiff would have to receive the share of 1706 square meters in the name of Asan-si and Asan-si (hereinafter “the instant land”). The Plaintiff’s attached the certificate of redemption for the instant land issued from Asan-si. The registration of ownership transfer was completed on October 31, 1959 (short-term 4292) with respect to the instant land as of October 5, 1959 (short-term 4292) and the registration of ownership transfer was completed under the name of B, as of October 26, 1959 by the receipt of No. 6981, Oct. 26, 1959, on the ground that repayment was completed on December 31, 1958.

B. From around that time, B donated the land of this case to the Plaintiff on December 12, 191, which was a farming shed located on the land of this case, and the Plaintiff completed the registration of transfer of ownership based on the said donation under the Daejeon District Court, the Dosan Branch Office of the Daejeon District Court, the Dosan Branch Office, on December 27, 1991, as the above donation was received on December 27, 1991, and the Plaintiff planted trees on the land of this case.

C. Meanwhile, on the other hand, the E Forest No. 9, 500 forest land E (2850 square meters; hereinafter “the forest land before the instant division”) was assessed against the State on December 12, 1917, and the ownership was transferred to Do-si on March 9, 1929, and on November 8, 1952 (short-term 4285), registration of initial ownership was completed under the name of Do-si, Asan-si with respect to the forest land before the instant division.

On February 26, 1991, the forest land before the instant subdivision was divided into 6th 5 square meters of F forest land (1950 square meters (hereinafter “F forest”), 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 3th 3th 2nd 2nd 4th 2nd 3th 26th 1991, and 8th 240 square meters of H forest (hereinafter “H forest”). The F forest was divided into 674 square meters of I orchard (hereinafter “I orchard”), and H forest was converted into 793 square meters of J orchard (hereinafter “J orchard”).

However, on December 15, 1957, in the forest land register, F forest and G forest will be located within the forest land before the division of this case.

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