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(영문) 수원지방법원 2018.08.23 2018가단515797
손해배상(기)
Text

1. The Defendant: 11,38,957 won to Plaintiff A; 11,332,930 won to Plaintiff B; 11,338,409 won to Plaintiff C; and 11,331.

Reasons

1. Facts of recognition;

A. On April 13, 1996, the registration of ownership preservation was completed with respect to F. F. 268 square meters (hereinafter “the land before the instant subdivision”). Nonparty G completed the registration of ownership transfer with respect to the land before the instant subdivision on September 6, 2003 on the ground of sale and purchase as of August 30, 2003 (hereinafter “the instant sales contract”).

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

C. However, Nonparty I asserted that he is the true right holder of the land prior to the instant partition, and filed a lawsuit seeking cancellation of registration of ownership preservation (hereinafter “prior lawsuit in this case”) with the Defendant, the title holder of registration of the land prior to the instant partition, G (which is the inheritor), and H, etc. as co-defendants, the Seoul Central District Court Decision 201Da236981 (hereinafter “the prior lawsuit”). On April 3, 2012, the said court rendered a judgment ordering the Defendant’s preservation of ownership on the land prior to the instant partition and the implementation of registration procedures for cancellation of ownership transfer registration of the Plaintiffs and H, but the Defendant appealed (Seoul District Court Decision 2012Na22067) but was dismissed on January 24, 2013, and thereafter, the appeal (Supreme Court Decision 2013Da202595) against the said judgment became final and conclusive on September 10, 2015.

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 JJ of Sungsung-si and the land category was changed to a road.

54m2 was divided into 54m2

E. The above G died on January 31, 2008, and the Plaintiffs, their children, jointly succeeded to the network G’s property with their respective shares of 1/5.

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

G. H upon the confirmation of a preliminary action, the plaintiffs were the plaintiffs.

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