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(영문) 부산고등법원(창원) 2015.05.28 2014나21956
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. 1) On April 30, 1919, A refers to the land before the instant partition (3,199,537 square meters; hereinafter referred to as “land before the instant partition”).

2) On June 29, 1963, the Defendant (hereinafter “instant registration of initial ownership”) completed the registration of initial ownership under the name of the Defendant (hereinafter “instant registration of initial ownership”) on the land prior to the instant subdivision, as the head of Suwon District Court’s receipt of the branch court’s contribution on September 23, 2013. On January 18, 197, the registration of initial ownership was completed on the same day to C on the same day.

3) C) On May 21, 1993, 1993, the development of acheon-term Co., Ltd. (hereinafter “astronomical development”).

(4) On May 12, 1993, with respect to the portion of 1,546,244/3,199,537 among the land before the instant partition, the registration of ownership transfer was completed on the grounds of sale and purchase on May 12, 1993, and on August 7, 1997, the land before the instant partition was awarded a successful bid for the remainder of 1,653,293/3,199,537 shares among the above land. Then, on January 28, 2002, the land before the instant partition was divided into each land listed in the attached Table on Real Estate List (hereinafter “each of the instant land”). On September 19, 2002, teachers or Live Leisure Development Co., Ltd. (hereinafter “K Leisure Development Co., Ltd.”) changed the registration of ownership transfer to the real estate development company on the ground of sale and purchase on the attached Table No. 1015, Dec. 15, 2015.

B. Inheritance A died on October 5, 1964, and the Plaintiffs are the inheritors of A.

C. On February 27, 2012, Plaintiff D’s previous lawsuit 1 filed for the purpose of preserving jointly-owned properties with the Defendant, and Nonparty D indicated in Articles 2 through 5, 2, 2, and 2, 5, respectively, on the grounds that the ownership preservation registration in the name of the Defendant as to the land before the division was made under the name of Suwon District Court 201Gahap449, and on the land before the division, the ownership preservation registration in the name of the Defendant as to the land specified in paragraph (1) of the attached

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