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(영문) 서울고등법원 2015.07.02 2014나2033541
손해배상
Text

1. The plaintiffs' appeals against the defendant Republic of Korea are all dismissed.

2.The selective claims added in the trial.

Reasons

1. Basic facts

A. The Plaintiffs entered into a sales contract with K by setting the sales amount of KRW 70,00,00 for each of the KRW 331/2,786 shares of the amount of KRW 331/2,786 square meters (hereinafter “instant real estate”) in Yongsan-gu, Ilyang-gu, Ilyang-gu, Incheon-si (hereinafter “K”), and paid the said sales amount by August 16, 2003.

B. K died on November 18, 2003, and wife D transferred 21/63 shares, G G 14/63 shares, her wife’s 6/63 shares, her F 4/63 shares, her 4/63 shares, her 4/63 shares, her n N (Death on March 22, 2003) inherited property at the proportion of 14/63 shares.

C. The Plaintiffs are 331/2,786 shares out of their inheritance shares among each of the instant real estate, based on five persons, including D, G, E, F, Defendant C, and H (hereinafter “D et al.”) 2005Kahap41, 331/2,786 shares of the instant real estate, as well as D and five persons, respectively.

On June 22, 2005, the above court made an application for provisional disposition prohibiting the disposal of real estate with the right to claim the registration of ownership transfer based on the above sales contract as the preserved right, and received a provisional disposition order from the above court.

The Plaintiffs, on June 30, 2005, completed the registration of transfer of the co-ownership in the names of D and five other persons for inheritance on behalf of D and five other persons on the instant real estate on June 30, 2005. On July 4, 2005, on the basis of the foregoing provisional disposition order, shares (i.e., shares 21/63 x 31/2,786 x 2) x 3,972/175, 518 shares (i.e., shares x 6/63 x 333 x 63 x 333 x 331/2,786 x 2), 2,648/6 x 763 x 463 x 5636/163 x 5636/176 x 5636/163 x 746/176/176) shares (i.

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