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(영문) 서울중앙지방법원 2017.04.12 2016가합540675
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 network C owned a part of the D land of overcheon City, but the said D land was divided into G or H land by the decision of partition on January 19, 191 after it was combined with E and F land on January 19, 191.

A part of the land is one-scale 782 square meters, the land category of which was changed on January 23, 1991 to “road”, and the said I road was divided into 734 square meters and J road 48 square meters on October 6, 1997. The said I road was divided into 734 square meters and J road 48 square meters on December 6, 1997. The said I road was divided into 712 square meters and L road 17 square meters and 5 square meters on December 6, 2007.

(hereinafter the above K road is 712 square meters (hereinafter “instant land”). The network C owned 350/782 shares of the instant land after the division as above (hereinafter “instant land shares”).

B. Since then, the deceased C died, and on January 20, 201, the Defendant, as the deceased C’s children, completed the registration of ownership transfer based on inheritance by consultation and division on July 21, 2010.

C. On October 26, 2015, Sincheon-si purchased the instant land shares by consultation from the Defendant, and completed the registration of ownership transfer based on consultation on the instant land portion on October 27, 2015, and paid KRW 340,976,970 as compensation to the Defendant on November 11, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, and 6 (if there are additional numbers, including each number), the fact inquiry results of the court's excessive city and the purport of the whole oral argument

2. The parties' assertion

A. Summary of the Plaintiff’s assertion 1) Plaintiff and Appointors (hereinafter “Plaintiff, etc.”)

) The net C is about 106 square meters out of the land owned by the network C (hereinafter “the land to be traded in this case”).

(1) On November 26, 1986, the sales contract was concluded to purchase the Plaintiff’s agent M and the instant land to be traded in KRW 15,00,000 for the purpose of using the Plaintiff for passage (hereinafter “instant sales contract”).

the same day, and the down payment and the first.

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