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(영문) 수원지방법원 2017.07.12 2017가단508686
손해배상(기)
Text

1. The Defendants each of the KRW 10,963,876 against the Plaintiff and the Defendants’ respective of them:

A. As to KRW 4,00,000, Defendant B shall be from July 26, 2016.

Reasons

1. Facts of recognition;

A. On April 13, 1996, the registration of ownership preservation was completed in the name of the Intervenor joining the Defendant with respect to H 268 square meters (hereinafter “instant land before the instant partition”). Nonparty I completed the registration of ownership transfer as to the instant land before the instant partition on September 6, 2003 on the ground of sale and purchase as of August 30, 2003 (hereinafter “instant sales contract”).

B. The Plaintiff purchased the land before the instant subdivision from I on November 12, 2003, and completed the registration of ownership transfer on December 9, 2003, and used it.

C. However, Nonparty J asserted that it is the true right holder of the land before the instant partition, and filed a lawsuit seeking cancellation of registration of ownership transfer with the Defendant’s Intervenor, the title holder of registration of the land before the instant partition, and the Plaintiff, etc. as co-defendants. The Seoul Central District Court rendered a judgment ordering the Defendant’s preservation of ownership of the land before the instant partition and the implementation of the procedure for cancellation of registration of each transfer of ownership by the Defendants and the Plaintiff’s respective transfer of ownership, which was dismissed on January 24, 2013, and the appeal against the said judgment (Supreme Court Decision 2013Da202595, Sept. 10, 2015) was final and conclusive on April 3, 2012.

On the other hand, on November 28, 2014, the land before the instant subdivision was changed to a road on January 22, 2016, after the land category was changed to a road on November 22, 2016.

54m2 was divided into 54m2

E. The above I died on January 31, 2008, and the Defendants, their children, jointly inherited the deceased I’s property in their respective shares of 1/5.

F. Around September 10, 2015, the market price of the instant land before the instant partition is KRW 5,1360,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00.

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