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(영문) 서울고등법원 2015.08.19 2014나2044787
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant’s KRW 88,861,797 on March 12, 2014 to the Plaintiff.

Reasons

1. Occurrence of State liability;

A. 1) The Plaintiff’s successful bid and registration of transfer of ownership are the 5th underground and 6th ground C buildings in Gyeyang-gu Incheon Metropolitan City (hereinafter “instant building”).

2) Of the second floor, the 12 stores of heading 2027 to 2038 (hereinafter “instant 12 stores”)

2) The auction procedure (as the district court D, hereinafter referred to as the “instant auction”) shall be

(A) On January 3, 2002, the successful bid price of KRW 88,861,797 was paid, and the registration of ownership transfer was made on February 14, 2002.2) At the time of auction, the building and store of this case were newly constructed and the registration of ownership preservation peace industry (hereinafter “pacif industry”).

(B) After the construction of the instant building around 1994, it was registered in the aggregate building ledger with the approval of use on July 1994 on the premise that it is an aggregate building, and on August 1994, the registration of ownership preservation was made for each individual store. (B) The current status of the instant 12 stores is adjacent to one another among the 110 stores on the second floor of the instant building.

However, among all the stores on the second floor of the building of this case at the time of registration of ownership preservation, the store could only be divided by drawing, and the wall or partition line, etc. which could have separated the store was not installed.

In addition, around January 200, E leased two floors among the instant buildings from the peace industry, and some of them were used as a wedding hall, and at the time of auction, as part of the instant 12 stores were used as a compound restaurant, the entire stores were used as part of a compound restaurant.

C. On November 7, 2000, the enforcement officer investigated the current status of the 12 stores of this case by means of local business trip around November 7, 200, and prepared a report on the current status of real estate and submitted it to the executing court.

However, the report is about the current status of the 12 stores of this case from 27 to 38.

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