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청주지방법원 2018.08.16 2018가단763

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 7, 2006, the Plaintiff completed the registration of ownership transfer on the land of 3,352 square meters in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”) with respect to the land of 3,352 square meters in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do prior to the subdivision, and thereafter, the registration of ownership transfer was completed on the land of D and E divided from the above land (hereinafter “instant land”).

B. F filed a lawsuit against Defendant B, Cheongju District Court 2015da10430, Cheongju District Court 2015Kadan10430, and on October 12, 2016, the judgment dismissing F’s claim was rendered on the following grounds: (a) the Plaintiff’s ownership preservation steam was based on a false guarantee document; (b) the Plaintiff’s ownership preservation steam was destroyed by the false guarantee document; and (c) the appellate court (Cheongju District Court 2016Na13780) also dismissed the appeal on September 6, 2017 and the said judgment became final and conclusive

(hereinafter referred to as the "previous Lawsuit"). 【No ground for recognition' exists, Gap evidence 7, Eul evidence 1 to 3

2. The Plaintiff’s assertion was based on the ground that Defendant B managed the instant land in the village in the previous lawsuit, and the Plaintiff’s assertion was made to the effect that the Plaintiff started the guarantee, and Defendant C made a false testimony on the ground that he did not gather and set up a guarantee.

Due to such unlawful acts by the Defendants, the Plaintiff suffered total of KRW 100 million, including land usage fees of KRW 7.5 million, KRW 75 million in the purchase price of the instant land, KRW 75 million in the purchase price of the instant land, attorney fees, and delivery fees of KRW 13 million.

3. According to the reasoning of the judgment of the court below, H, I, and J, a resident of Chungcheongnam-do Gri-gun, Chungcheongbuk-do, confirmed that the Plaintiff purchased the instant land from K and occupied and managed it before subdivision at around 1995. However, it is recognized that the following circumstances, namely, ① the circumstance leading up to the transfer of ownership of the instant land confirmed by G residents, were revealed by G residents at the time of the Plaintiff’s completion of the initial registration of guarantee.