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(영문) 서울중앙지방법원 2013.07.12 2012가합61105
손해배상 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

Attached Form

Each land listed in the attached list Nos. 1 through 3, such as the registration of each land entered in the list, and each transfer registration under the Plaintiff’s name was made on November 13, 1984 with respect to the land of 2,007 square meters (the part of the previous land is divided into the land listed in the attached list No. 4; hereinafter “instant land”) located in the attached list Nos. 1 through 4, 1984 on November 13, 1984.

On March 31, 1987, on the ground of the pre-sale agreement on March 27, 1987, with respect to each of the lands listed in the separate list Nos. 1 through 3, 1293/200 of the 2,007 square meters in the name of the defendant, with respect to the non-party D’s share, and with respect to the non-party D’s share of 714/200 of the 2,007 square meters in the name of Gangseo-si, Gangnam-si, the right to claim for the transfer of ownership was registered.

Attached Form

On October 19, 1987, the registration of transfer of ownership in the name of the defendant was made on October 26, 1987 with respect to each land listed in the list 1 through 3 and 714/2,007 square meters among 2,007 square meters in Gangnam-si, Gangnam-si.

With respect to 1,293/2,007/2,00 of the total 2,007 m2,007 m2 in Gangnam-si, Gangwon-si, each registration of ownership transfer was made in the name of D on July 1, 1987.

On May 19, 1998, 714 square meters of 2,007 square meters, which were 2,007 square meters in Gangnam-si, was divided into the land listed in attached Table 4. On May 30, 1998, as to the land listed in attached Table 4 on June 18, 1998, the entire share of D was transferred to the defendant. After the division, the defendant's share was transferred to D with respect to the land of 1,293 square meters in attached Table 4 on the ground of the partition of co-owned property.

The cadastral map of the instant land (G, and H) is as follows.

I J CHHE HHF and D have concluded a promise against the Plaintiff to sell the said land to KRW 2,00,000 on October 19, 1987 by the Plaintiff for sale at KRW 2,000,000,000,000, out of KRW 97Da8317 of Chuncheon District Court, and KRW 1,293 of 2,007 of the total 2,007 square meters owned by the Plaintiff, with respect to the Plaintiff’s share against the Plaintiff.

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