logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.04.12 2016가합103679
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a clan that is a joint ancestor of DC 15 years old descendants.

B. Defendant B, from around 2005 to November 9, 2013, was the Plaintiff’s representative, and Defendant C, from around 2005 to November 9, 2013, respectively, served as the Plaintiff’s financial position.

C. Daejeon Seo-gu, Seo-gu, Daejeon, the Plaintiff owned the land size of 1597 square meters, and the Plaintiff held a title trust with G et al. and 10 other persons, a final cause.

Daejeon Seo-gu, Daejeon (hereinafter referred to as "land") is about 823 square meters, which is owned by the plaintiff, and the plaintiff was held in title trust with the I and two others.

E. Since F and H lands were incorporated into J district housing site development projects around 2003, the Korea Land Corporation has expropriated the said lands under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

F. On December 22, 2006, the Korea Land Corporation deposited KRW 392,529,850 of compensation for the said land on the ground that the owner of H’s land is missing, as the Daejeon District Court Decision 2006No. 5627, supra, deposited KRW 791,208,660 of compensation for F’s land and KRW 809,29,660 of compensation for the said reason.

G. On July 31, 2007, KRW 52,273,764 of the F’s deposit on F’s land was deposited in Defendant B’s account in the name of the Defendant B’s wife (hereinafter “L account”).

H. On May 1, 2007, the Plaintiff filed a lawsuit against the Korea Land Corporation seeking confirmation of the deposit of H land amounting to KRW 392,529,850, as Daejeon District Court Decision 2007Gahap4459, against the Plaintiff.

On July 27, 2007, this Court rendered a judgment that “The Plaintiff’s claim for payment of deposit KRW 130,843,283 equivalent to I’s shares out of the above deposit is confirmed, and the Plaintiff’s remaining claims are dismissed.” The above judgment was finalized on August 22, 2007.

I. On November 21, 2007, Defendant B filed with the Daejeon District Court for payment of deposit money on the H land where the Plaintiff and his agent were Defendant B.

arrow