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(영문) 대구지방법원 2013.10.17 2013가합3150
손해배상(기)
Text

1. Defendant Republic of Korea shall be jointly and severally liable to the Plaintiff with C for a fee of KRW 248,000,000 and that of the Plaintiff.

Reasons

1. Basic facts

A. C’s D clan’s 8-year-old members of G are the clans naturally created by their descendants in order to promote the religious rites, the protection of graves, and the friendship among the clans with the view to promoting their friendships.

(1) In the case of each real estate listed in the separate sheet No. 1 (hereinafter referred to as the “instant clan”) against the clans (hereinafter referred to as the “instant clans”), each real estate listed in the separate sheet No. 1 (hereinafter referred to as the “each of the said real estate”), the “real estate No. 1” and “No. 2 real estate, etc.” shall be collectively referred to,

On May 13, 1985, the Daegu District Court, Busan District Court No. 8318, May 13, 1985, the registration of ownership transfer of the clan of this case was completed as of May 13, 1985. 2) C filed a lawsuit against the clan of this case for the implementation of the procedure of ownership transfer registration (Seoul District Court 2008Gahap2603, hereinafter “No. 1 lawsuit”) on the grounds of the agreement on December 22, 1998.

C At the time of filing a lawsuit, Defendant A and Defendant B, who are attorneys-at-law, were appointed as their agents, and the written complaint was indicated as “C” by the representative of the clan of this case, and the location of the clan was indicated as “Tgu Suwon-gu E” which is its address

On March 13, 2008, Defendant A and Defendant B applied for the appointment of I among the members of the instant clan as a special representative on the ground that the representative of the instant clan is the same person, but withdrawn the said application on March 17, 2008. On March 18, 2008, Defendant A and Defendant B applied for the correction of the indication of the party from “C” to “C’s general secretary-general secretary-general-general-general-general-general-general-general-general-general-general-general-general-general-general-general-level, and entered the place of delivery by J as “T-gu E” at the same place as the domicile of C.

3. The adjudication division in charge of the first lawsuit does not submit a reply, etc. even though the clan of this case is served with a copy of the complaint of the first lawsuit, and without holding any pleadings on June 11, 2008.

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