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(영문) 서울고등법원 2012.10.25 2011나89578
손해배상
Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

The court's explanation of this case is consistent with the reasoning of the judgment of the court of first instance, except for a partial change in the judgment of the court of first instance as set forth in the following 2. Thus, the court's explanation of this case is acceptable as it is by the main sentence of

A change in the judgment of the court of first instance is "3. Judgment,"

A. (2) Determination of the Defendant’s assertion, and (c) Part on the Defendant’s third proposal (No. 12 No. 1-14 of the judgment of the first instance) as follows.

"Where an unentitled person has made a registration of ownership preservation or a registration of ownership transfer in his name in an unlawful manner and then the owner loses ownership by recognizing the acquisition by prescription of the third person's registry that acquired the real estate by transfer, the result that would have lost ownership would have not occurred as a matter of course, and such loss of ownership would normally be expected at the time of the illegal act of registration completion. Such loss of ownership can be expected normally at the time of the illegal act of registration completion. Therefore, there is a proximate causal relation between the act of registration made by the unentitled person and

(See Supreme Court Decision 92Da50874 delivered on June 11, 1993, etc.). In addition, in the case of damage claim based on an illegal act at an interval of time between the harmful act and the actual damage caused thereby, the meaning of "the date on which the illegal act was committed," which serves as the starting point of the extinctive prescription, shall be deemed as the time when the damage that exists only in a conceptual and dynamic state can be deemed as having been realized after it was realized (see, e.g., Supreme Court Decision 88Da25168 delivered on January 12, 1990). In addition, in the case of damage claim based on the illegal act, the meaning of "the date on which the illegal act was committed," which serves as the starting point of the extinctive prescription, shall be deemed as the time when the damage was actually realized after it was actually realized (see

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