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(영문) 대구지방법원경주지원 2014.11.18 2013가단4190
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Nonparty C, D, and E shared in order of 116/232 shares, 58/232 shares, 58/232 shares, and 58/232 shares, according to the order of 116/232 shares, 116/232 shares, 58/232 shares, and 58/232 shares, the instant land and 121.98 shares, 121.98 shares, 122.3 shares, 122.3 shares, 128/244.28 shares, 58/24.28 shares, and 58/24.28 shares, in order of the order of 128/28/28 shares, 128/24.28 shares, respectively.

B. Nonparty C, D, and E assumed that the form of the instant land was “the shape” as a whole, such as the cadastral status survey result, as shown in attached Table 1. On January 9, 2007, Nonparty C, D, and E prepared a promise to divide the instant land and buildings into their own shares as of March 30, 2008, with the agreement to divide the instant land and buildings into their respective shares.

C. On March 6, 2007, the Plaintiffs purchased C’s shares among the instant land and buildings from Nonparty C on March 6, 2007 and completed the registration of ownership transfer on March 20, 2007. At the time, the Plaintiffs: (a) as a result of the cadastral status survey, indicated the same drawings as that of the Plaintiffs; (b) indicated the same drawings as D; and (c) indicated the same drawings as E; and (d) considered D to possess some of the above “A” portions.

On September 2, 2009, the Plaintiffs filed a lawsuit against Nonparty D and E in relation to partition of co-owned property, etc. on the instant land under the Daegu District Court Decision 2009Gadan5264, Daegu District Court and Daejeon District Court, which was the result of the on-site inspection and survey appraisal conducted by the said court (the survey appraisal report was submitted on February 1, 2010). Ultimately, the form of the instant land is found to have any error in the process of registration in the cadastral map registration. Ultimately, as shown in [Attachment 2], the entire form of “i.e., shape,” and “i.,” as indicated in [Attachment 2], 85 square meters in the same drawing, and 57 square meters in the part “(b)” in the same drawing, and 90 square meters in the part(c) column

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