logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.04.07 2016가단115958
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The 94 Cheongong-gun E was owned by the Plaintiff’s headquarters F. Of the above land, the registration of ownership transfer in the name of G was completed on July 29, 1980 by the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 197) on December 20, 1967 with respect to the 56 square meters (the subdivision registration was completed on July 29, 1980; hereinafter “instant land”).

B. Since then, the ownership of the instant land was finally transferred to I via H, etc.

C. On December 16, 2014, G did not purchase the instant land from the Plaintiff’s deceased father, but completed the registration of ownership transfer under the aforementioned Act, and disposed of the registration of ownership transfer under the said Act. G filed a lawsuit against the Plaintiff to return losses equivalent to the market price due to the loss of ownership in the instant land to the unjust enrichment. The Seogu District Court rendered a judgment against the Plaintiff on the ground of presumption of presumption as a registration consistent with the substantive legal relationship of the registration of transfer of ownership in the purchase price in the Daegu District Court Decision 2014Da16573, Dec. 16, 2014

Although the Plaintiff appealed from the above judgment, the Daegu District Court rendered a judgment dismissing the Plaintiff’s appeal in the case No. 2014Na306607 on July 9, 2015, and the Plaintiff appealed again, but the appellate brief was dismissed due to the submission of the appellate brief.

(Supreme Court Decision 2015Da227901 Decided September 15, 2015) D.

On July 4, 1981, the registration of transfer of ownership in the Plaintiff’s name was completed on the land cadastre with respect to the land cadastre of JJ 26 square meters in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and the transfer of ownership was completed on November 7, 1983.

E. G was killed on March 6, 2016 (hereinafter “the deceased”), and the Defendant and D, the wife C and their children, as the inheritor.

[Ground of recognition] The absence of dispute, Gap evidence 3, Eul evidence 1, and fact-finding conducted on August 22, 2016 to the head of the Daegu Metropolitan City of this Court

2. The assertion and judgment

(a) argument;

arrow