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(영문) 대구지방법원서부지원 2017.05.30 2016가단12858
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1.The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 9, Eul evidence 1 to 13 (including branch numbers; hereinafter the same shall apply) and the whole purport of the pleadings:

The Plaintiff’s reference B owned Sung-gun-gun C 966 square meters (hereinafter “former land substitution”). The Plaintiff owned D 421 square meters (hereinafter “former land substitution”).

The land before replotting is the land of Sung-gun-gun E, 3971 square meters (hereinafter “one land after replotting”); the land before replotting is the land of the same 99 square meters (hereinafter “second land after replotting”); and the land before replotting is the land of the same 99 square meters (hereinafter “second land after replotting”); and the land after replotting was registered under B’s name for one land after replotting; and each registration of ownership transfer under the Plaintiff’s name for two land after replotting was completed.

B. B died on September 5, 1983, and the heir was the Plaintiff, H, I, J, K, and L, who is the wife, but H was the husband, M, N,O, P, Q, Q, and R, whose husband and child was inherited, and as M was deceased, M’s property was inherited by N,O, P, Q, Q, and R, who was the wife of B, around May 2005;

Accordingly, on January 18, 2006, the registration of ownership transfer was completed for the shares of Plaintiff 11466/327, I, J, K 32760 shares, L 8190 shares, M 32760 shares, M 32760 shares, N 330/330 shares,O, P, Q, and R 32760 shares, respectively.

Since then, M's shares were transferred to O on March 11, 2014 on the grounds of inheritance due to a division of consultation made on December 20, 2005.

C. On May 18, 2006, the Plaintiff donated one piece of land before replotting from B and according to a land substitution plan, one and two land before replotting is authorized and publicly notified as substitute land after replotting, and the head of Sungju Gun entrusted the registration of substitute land but sent to Sungju Gun upon the request of the registration of substitute land by the head of Sungju Gun, in contrast to a land substitution plan, one land before replotting is after replotting.

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