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(영문) 서울고등법원 2016.07.01 2015나2067299
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. D Prior to ownership relation with C forest land 7,029 square meters in Chuncheon-si, the area of E forest land is corrected to 8,727 square meters (7,029 square meters in Chuncheon-si, March 12, 2014) and the lot number registration conversion was completed.

hereinafter referred to as “instant land”).

(2) On December 14, 1979, Chuncheon District Court Decision No. 19442 delivered on December 12, 1979, completed the registration of ownership transfer based on the sale and purchase as of December 12, 1979. 2) On March 29, 1995, Chuncheon completed the registration of ownership transfer based on the land expropriation as of March 12, 1995 with respect to the portion of 919/8,727 out of the instant land.

3) On April 3, 2007, the Defendant completed the registration of ownership transfer for shares in D 7,808/8,727 shares in D 7,727 shares in D 7,808/8,727 shares in the instant land. On March 30, 2007, K non-real estate trust company completed the registration of ownership transfer for reasons of sale on March 30, 2007 with respect to the shares in the instant land as to the above 355/8,727 shares in March 29, 207. (B) In the relevant case, the Defendant established the registration of ownership transfer for reasons of the trust on March 29, 2007.

A) A lawsuit was filed to seek the implementation of the procedures for ownership transfer registration on the grounds of sale and purchase (Sacheon District Court 201Kadan11996). D’s successors, including the Plaintiffs, (hereinafter “Plaintiff, etc.”) died during the lawsuit as above.

(2) On May 21, 2012, the Plaintiff, etc. and the Defendant have taken over the said lawsuit and proceeded with the procedure, and on May 21, 2012, the following mediation (hereinafter “instant mediation”).

This was established.

1. By November 30, 2012, the Plaintiff et al. shall implement the procedure for the registration of ownership transfer on March 30, 2007 with respect to each inheritance share of the Plaintiff et al. among the surrounding land of this case to the Defendant.

3. Until November 30, 2012, the Defendant completed the survey and registration of partition on the land of this case with respect to 355 square meters among the instant land, and objection is made through the procedure, such as partition of co-owned property.

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