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(영문) 서울중앙지방법원 2017.03.22 2015가합548030
손해배상(기)
Text

1. The Defendant’s KRW 155,774,50 for the Plaintiff and KRW 5% per annum from June 2, 2015 to March 22, 2017.

Reasons

1. Facts of recognition;

A. In the old land cadastre concerning the Gyeonggi-gun B, the Gyeonggi-gun B, the land prior to the subdivision of each land as indicated in the attached Table 1’s list, the first owner and the “C and the address Suwon-si,” as the land cadastre D.

B. Around January 29, 1952, the Defendant purchased the land before subdivision from C (C and C at the time of receiving the address) in order to distribute farmland pursuant to Article 2 subparagraph 1 of the Addenda to the Farmland Act (repealed by Act No. 4817, Dec. 22, 1994; hereinafter “former Farmland Act”). However, on July 8, 1959, the Defendant completed the registration of ownership preservation on the land before subdivision without distributing farmland.

C. The land before subdivision was divided and the land category was changed as indicated in the separate sheet 2 and the change of land category. Of the divided land, the Defendant completed the registration of ownership transfer for the land listed in the annexed sheet 1 (hereinafter “instant land”) on February 15, 1995 to E on January 23, 1995, as to the land listed in the annexed sheet 1 (hereinafter “instant land”). ② As to the land listed in paragraph (2) of the annexed sheet 1 of real estate (hereinafter “instant land”) on July 1983, 1983, the Defendant completed the registration of ownership transfer for the land listed in the annexed sheet 1 of this case to F on April 27, 1983.

Since then, each of the instant lands was expropriated by the Korea Land and Housing Corporation, and the ownership transfer registration was completed on June 11, 2009 with respect to the instant land No. 2, and on May 4, 2009 with respect to each of the instant land, the ownership transfer registration was completed in the name of the Korea Land and Housing Corporation.

Meanwhile, upon the death of December 30, 2007 by C (C, C, and C) of the Republic of Korea, the Plaintiff, G, and H (hereinafter “Plaintiff and two other persons”) became co-inheritors, and the birth of the Plaintiff and two other persons, as indicated in the certified copy of the removed register, is “Uisi D”.

E. The Plaintiff et al. and two others are the Seoul Central District Court No. 2013da136825, respectively, against the Defendant and the Korea Land and Housing Corporation.

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