logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2017.03.16 2016가단104954
손실보상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Pursuant to the former Act on Special Measures for the Registration, etc. of Ownership Transfer (Act No. 3094, Dec. 31, 1977; hereinafter “Special Measures Act”), the ownership transfer registration for the land size of 1,874 square meters in Changwon-si, Changwon-si, Changwon-si (hereinafter “the deceased”) was completed on Apr. 5, 1971 with respect to the land size of 1,874 square meters in accordance with the former Act on Special Measures for the Registration, etc. of Ownership Transfer (hereinafter “the Act”), each of which was completed on Oct. 5, 1974 with respect to the land size of 506 square meters in G that owned by the deceased on Apr. 5, 1971 (hereinafter “the ownership transfer registration in this case”).

B. On December 2, 1985, the area of 1,874 square meters in Yongsan-gu, Changwon-si was divided into 1,2 land and 797 square meters in the attached Table 1, 2, and H field. G 506 square meters was divided into 3 land and 191 square meters in the attached Table 1.

C. As to each land listed in the separate sheet (hereinafter collectively referred to as “instant land”), the ownership transfer registration based on the inheritance on the property as of April 2, 1992 and September 12, 1990 was successively terminated on June 16, 2005 by the Defendant on May 15, 2005.

After that, the Korea Land and Housing Corporation incorporated the instant land into a site for a public housing project, and completed the registration of ownership transfer on September 15, 2015 for the instant land on the ground that the Defendant, the depositee, was unable to receive compensation for the instant land due to a decision prohibiting the transfer of debt collection on August 17, 2015, deposited KRW 486,188,70 in Changwon District Court Decision 2015Ma1685, 1685, and completed the registration of ownership transfer on the instant land as the ground of expropriation on August 18, 2015.

E. Meanwhile, the Deceased died on September 13, 1964, and accordingly, the Plaintiffs inherited each share of 81/864 of the deceased’s property.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings

2. Determination

A. The grounds for the registration of the transfer of ownership in this case asserted by the plaintiffs are the donation and sale of the date after the death of the deceased, which is false.

arrow