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(영문) 대구지방법원 2019.01.24 2016가단127586
손해배상(기)
Text

1. The Defendants jointly share KRW 8,774,305 with respect to the Plaintiff and the period from June 13, 2017 to January 24, 2019.

Reasons

1. Facts of recognition;

A. The registration of ownership was completed on April 30, 1924 in the name of Daegu Suwon-gu E, the land prior to the division (hereinafter “instant land”). The registration of ownership transfer was completed on September 14, 1983 in the name of G on September 25, 1991.

B. Defendant B filed a lawsuit against G to cancel the registration of transfer of ownership of the land prior to the subdivision of the instant case as the Daegu District Court 96Gahap3132, and the cause of the claim was as follows: “A false real estate sales contract was prepared as if G conspired with Defendant C to purchase the land from the deceased F in around 1945, and the Daegu District Court 90Gahap16737, which filed a lawsuit to seek ownership transfer registration, and the document of lawsuit was served as Defendant C’s domicile and received a constructive confession and received the judgment, and the registration of transfer of ownership invalidation in the name of G was completed in accordance with the above judgment, the Plaintiff, one of co-inheritors, who is the co-inheritors, sought the cancellation of the said registration as the preservation act.” On April 15, 1997, a protocol of conciliation was prepared between Defendant B and G, with

(hereinafter referred to as “instant protocol of conciliation”) Section 5

1. Defendant (G) shall implement the procedure for registration of cancellation of ownership transfer registration, which was made on September 25, 1991 by the Daegu District Court No. 86256 on September 25, 1991, with respect to the remaining shares, excluding the shares of 142.42/100 (43 square meters), among the land located prior to the instant subdivision, Daegu Suwon-gu E-gu 1092 square meters (hereinafter “instant

2. The share of the defendant (G) in the land referred to in paragraph (1) shall be the share of the part adjacent to the road in thewest of the H State highway, and it shall be one third of the number of sides adjacent to the road.

3. Survey expenses, registration expenses, etc. for the partitioning of land under paragraph (2) shall be borne by the defendant;

4. When the inheritor of the land under Paragraph 1, except the Plaintiff (Defendant B), raises an objection to the instant reconciliation, the Plaintiff (Defendant B) shall be liable for and resolve the objection.

5. The defendant (G) received from Daegu Metropolitan City around July 2, 1993.

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