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(영문) 부산지방법원 2016.07.21 2015가합7117
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On May 1, 1973, the Plaintiff asserted that the Plaintiff was the owner of the instant forest land purchased 8,430 square meters of land B in Busan Seo-gu (hereinafter “instant forest”). The Defendants occupied the instant forest land without permission from August 15, 1996 to November 15, 2012, which is the date the Supreme Court Decision 201Da87426 Decided August 15, 201.

The Plaintiff suffered mental damage from the Defendants’ aforementioned unauthorized possession of KRW 2,451,840,00 of the forest of this case from August 15, 1996 to November 15, 201, and KRW 2,451,840,00 of the forest of this case; ② in order to resolve disputes over the forest of this case, the Plaintiff suffered from mental damage of KRW 2,870,000,000, including attorney fees for October 26, 1999, KRW 14,000,000,000,000,000 for attorney fees for April 10, 201, and KRW 5,000,00,000 for other stamp, and KRW 23,545,60,00,000 for the Plaintiff’s purchase of the forest of this case, and KRW 19,130,00,000 for the Plaintiff’s purchase of the forest.

Therefore, the Defendants shall jointly and severally pay to the Plaintiff KRW 1,225,920,00 for the damages and KRW 1,268,584,90 for the damages and KRW 3,00 for the damages and delay damages.

2. The ground for the instant claim is premised on the premise that the Plaintiff is the owner of the instant forest. Therefore, first, we examine whether the Plaintiff is the owner of the instant forest land.

In light of the following facts or circumstances acknowledged by comprehensively taking account of the purport of each statement and the entire argument of evidence Nos. 8, 9, and 10, the evidence alone submitted by the Plaintiff is insufficient to recognize the fact that the Plaintiff purchased the forest of this case from the owner of the forest of this case and acquired the ownership after completing the registration of ownership transfer on the forest of this case, and there is no other evidence to acknowledge otherwise.

① The Plaintiff confirmed against the Republic of Korea as Busan District Court 2009Gahap18529, the Plaintiff is the owner of the instant forest, and the acquisition by prescription as of May 1, 1993 is based on the completion of acquisition by prescription.

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