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(영문) 서울중앙지방법원 2016.01.15 2015가단5005838
손해배상
Text

1. The Defendant: KRW 71,694,862 to the Plaintiff and the Plaintiff’s 5% per annum from January 28, 2015 to January 15, 2016.

Reasons

1. Basic facts

A. On December 25, 1959, the Plaintiff died on December 25, 1959, and the Plaintiff inherited family and inherited property.

B. According to the Land Survey Book drawn up during the Japanese occupation occupation period, the Gyeonggi High-gun Co., Ltd. 2,515 of 2,515 of 2,00 stated that B was subject to the assessment.

C. The Defendant purchased the above C land from B pursuant to Article 2 subparag. 1 of the Addenda to the Farmland Act (No. 4817 of Dec. 22, 1994) (hereinafter “former Farmland Reform Act”).

However, the Defendant distributed only the return 1,13, E return 1,182, which was divided from the land above C, and did not distribute the F return 220 square meters (hereinafter “instant F land”).

The Defendant completed the registration of ownership transfer in the Defendant’s future on February 21, 1969 for the instant F land (the size of June 1, 197 was converted into 727 square meters) on December 20, 1968.

E. On March 26, 1980, the instant F land was replaced with the land of 1,160 square meters and H 962 square meters, as well as the land of 2,129 square meters (the name of the administrative district was changed to the land of 2,129 square meters in Gyeyang-gu, Seoyang-gu, Yangyang-gu, J. 2,129 square meters; hereinafter “J land before the instant division”).

F. The Defendant completed the registration of transfer of ownership on September 16, 1983 to K on the ground of sale as of December 9, 1975, and K completed the registration of transfer of ownership on September 18, 1996 to L on September 18, 1996.

G. On March 7, 1998, J land prior to the instant partition was divided into Janyang-gu, Seoyang-gu, Seoyang-gu (hereinafter “instant land”) 1,879m2 and 250m2 (hereinafter “instant M”).

H. On May 16, 2001, L had completed the registration of ownership transfer on the ground of a consultation on the land for public use on April 20, 2001 in Gyeonggi-do.

I. As the land category of this case was changed to a river on February 12, 2008, the land category of this case is 51 square meters or 00 square meters and 00 square meters of the Seoyang-gu, Gyeyang-gu.

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