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(영문) 춘천지방법원 영월지원 2017.04.26 2015가단12203
손해배상
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

In fact, on May 30, 1984, the deceased D completed the registration of ownership preservation on the instant land and owned it on or around February 19, 2004, and thereafter died on or around February 19, 2004. Since then, the Defendant inherited the instant land due to a consultation division and completed the registration of ownership transfer due to inheritance due to the said consultation division on January 26, 2015.

The defendant completed the registration of ownership transfer on July 31, 2015 to E on August 27, 2015.

[The ground for recognition] A. 2 through 5 (including a provisional number; hereinafter the same shall apply), Eul evidence No. 1, and the net F, the plaintiff's main claims of the parties to the whole purport of the pleading, was killed on June 24, 1980, when acquiring the instant land and the instant land and the instant land and the instant land and the instant land and the instant land were continuously occupied as their owner's intent on December 31, 1973. The plaintiff inherited the instant land and the instant land independently and owned them, and family members, such as G, the plaintiff's spouse, and H, who are the plaintiff's children, continue to occupy the instant land and the instant land.

Therefore, the acquisition by prescription of possession was completed on December 31, 1993 after 20 years elapsed since the netF commenced possession of the land in this case.

However, the Defendant, while being aware of such circumstances, sold the instant land to E and completed the registration of ownership transfer in order to evade the obligation to transfer ownership to the Plaintiff, so the Defendant is obliged to pay the Plaintiff KRW 28 million, which is the market price of the instant land, as compensation for damages.

The registration of preservation of ownership of the instant land by the network D of preliminary claim was made in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562), but at the time, the actual owner was the deceased F, but the registration of preservation was completed in accordance with the false guarantee document. Therefore, the Defendant, who completed the registration of ownership transfer with the deceased D’s heir, is the Plaintiff, the sole heir of the deceased F,

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