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(영문) 부산지방법원동부지원 2019.05.02 2018가단204345
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The instant land was owned by the deceased C, and the ownership transfer registration was completed on October 8, 1950 on the ground of sale on October 14, 1950, which was held before June 9, 1949, the deceased’s death.

B. Since April 14, 1987, the instant land was merged into the “Yansan Shipping Daegu D-gu 278 square meters,” and the Defendant completed the registration of ownership transfer in Busan Metropolitan City on January 5, 1996, and the Busan Metropolitan City was closed by taking a replotting disposition on March 9, 2006, after completion of the compartmentalization and rearrangement project.

C. The Plaintiff, the head of the net C, filed a claim against Busan Metropolitan City for damages, claiming that the registration was a registration invalidation of cause. The court rejected the Plaintiff’s claim for damages on the ground that “The registration under the name of the Defendant with respect to the above land cannot be recognized as a registration invalidation of cause, and the ownership transfer registration filed under the name after the former owner’s death, which was the cause for registration, has already existed, but where inheritance was commenced with respect to the person liable for registration while the former owner did not file an application for registration, the heir who filed an application for registration, or where there is no special circumstance, such as the case where the principal or his agent died before the registration is completed after the registration was received by the registration officer (see, e.g., Supreme Court Decision 2007Da82028, Apr. 10, 2008). However, the Busan Metropolitan City’s registration is also deemed as a cause invalidation of cause. However, the judgment dismissing the Plaintiff’s appeal on April 217, 2017.

[Ground] : dispute.

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