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(영문) 서울중앙지방법원 2015.11.20 2015가합522946
손해배상(기)
Text

Defendant C’s KRW 159,751,921 to Plaintiff A, KRW 68,465,109 to Plaintiff B, and each of them shall be from September 9, 2015 to November 2015.

Reasons

Basic Facts

The defendant Korea Land Information Corporation (formerly named "Korea Land Information Corporation") is a corporation established pursuant to Article 12 of the Framework Act on National Spatial Data Infrastructure for the purpose of conducting surveying business, etc. under the Act on the Establishment, Management, etc. of Spatial Data.

The plaintiffs are those who operate a gas station in the land specified in attached Table 1, and the defendant C is those who run a gas station in the above land and sold it to the plaintiffs.

The ownership transfer D owned ownership of the instant land and building was newly constructed on the land listed in paragraph (1) of the attached Table No. 1 (12 square meters of E gas station site, F gas station site, 89 square meters of land for G gas station site, 452 square meters of land for G gas station, which was combined on June 8, 2005; hereinafter “instant land”). On November 30, 2002, the registration of ownership was completed under the name of the building listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”).

(A) No. 1-2. D operated a gas station in the instant building, and on April 3, 2003, Defendant C completed the registration of ownership transfer on the land and building of this case on March 10, 2003.

(A) No. 1-2. Defendant C operated a gas station in the instant building. On May 2, 2005, Defendant C completed the registration of ownership transfer on the ground of sale on April 14, 2005 with respect to 7/10 of the land and building of this case, and 3/10 of the share to Plaintiff A, and to Plaintiff B on April 14, 2005.

(A) No. 1-2. Construction of the building of this case and the Korea National Land Information Corporation, which was a party to the boundary of this case, conducted a boundary restoration survey on the land of this case at D's request on June 20, 1995.

(A) After December 30, 1996, D commenced a new construction work on January 10, 1997 with the construction permission of December 30, 1996 in order to construct the instant building on the ground of the instant land. After completion of the construction work, D approved the use of the instant building on June 24, 1997.

(A) No. 2-3, 4) However, due to the construction of the building of this case.

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