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(영문) 대전지방법원천안지원 2015.08.21 2014가합103650
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. D purchased from the E and F on April 9, 2004 the area of G forest 6,846 square meters in Seo-gu, Seoan-gu, Seocheon-gu (hereinafter “original land”), the area of H factory site 2,787 square meters, and the area of I forest 248 square meters, and completed the registration of ownership transfer on June 2, 2004.

B. D: (a) while the area on the registry and the forestry register of the original land under the contract was 6,846 square meters, it became known that the actual area was 4,774 square meters; (b) on March 31, 2006, visiting the Defendant cadastral division and filed an application for boundary correction, land division, and registration conversion according to the guidance of the public officials under his jurisdiction.

The Defendant corrected the boundary in the cadastral map to include the neighboring land whose lot numbers were omitted in the original contract land, and divided the surrounding land into J, and completed the registration conversion of K forest land into 2,072 square meters (hereinafter “instant land”), and D completed the registration of ownership transfer for the instant land.

C. Meanwhile, on February 26, 2009, the Plaintiffs completed the registration of the right to claim ownership transfer with respect to the land under the original contract and the instant land, the 2,787 square meters of the above H H factory site, and the 248 square meters of I forest land, and completed the registration of ownership transfer on April 23, 2013 based on the above provisional registration.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion concealed the fact that the land of this case is used as a road and provided it to D, thereby causing damages of loss of 2,072 square meters of forest land. Thus, the defendant should compensate the plaintiffs for the value of the land after dividing it into tort compensation.

B. In light of the aforementioned evidence, although the fact that the instant land has been used as a road for a long time, the above evidence is recognized as follows, i.e., the Defendant is not the seller of the original land, and thus, cannot be deemed to bear any liability with regard to mistake in the area of the original land.

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