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(영문) 수원지방법원 평택지원 2018.08.23 2018가합9700
손해배상(기)
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) are the successors of the network B (hereinafter “the deceased”).

B. The Land Survey Book drawn up during the Japanese occupation occupation period includes the fact that the deceased was in the situation with respect to the land survey at Pyeong-gun, Gyeonggi-do Pyeong-gun C (hereinafter “instant land”).

C. The land in this case on the current cadastral record is adjusted to be substituted by F in 1,461 square meters at the time of the D Gyeong-gun E, Gyeonggi-do project for the adjustment of land around 1974.

In the original copy of the old register of land E, Gyeonggi-do Pyeongtaek-gun, the indication of the previous land was written in the part of “H”’s “I” in “Y” from Pyeongtaek-gun G “H”, and the entire number was cut back, and then the correction was corrected to “C” on the left-hand side, and affixed the corrected seal.

[Ground of recognition] Unsatisfy, Gap's 1 through 33, 39 through 42, Eul's 1, 2, and 6, the result of the appraisal commission to K of this Court, the purport of the whole pleadings

2. The assertion and judgment

A. The previous land of Pyeongtaek-gun, Gyeonggi-do, the Plaintiff’s assertion of the Plaintiff (Appointed Party) is the land of H or Gu Gyeonggi-do, Pyeongtaek-gun, Gyeonggi-do, or Pyeongtaek-gun of Gyeonggi-do, and the Defendant’s arbitrary entry of the original lot number indication and arbitrarily changed to C, thereby organizing the current land E-Gun in Gyeonggi-do to be substituted by the instant land.

As a result, since the plaintiffs' ownership recovery of the land of this case was impossible, the defendant should compensate the plaintiffs for damages equivalent to the market price of the land of this case.

B. Comprehensively taking account of the overall purport of the arguments in the statement No. 7-1 through 4 of the evidence No. 7 and the statement No. 8-1 through 3 of the evidence No. 8 of the Gu, the 426 square meters in Pyeongtaek-gun in Gyeonggi-do was replaced with the 691 square meters in Pyeongtaek-gun, Pyeongtaek-gun, Gyeonggi-do, and the 476 square meters in Pyeongtaek-gun, Gyeonggi-do, was divided into the NN of Pyeongtaek-gun, Gyeonggi-do, and the 476 square meters in the 151 square meters in the 151 square meters and the 325 square meters in the O, and the 499 square meters in the O.

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