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(영문) 춘천지방법원 2018.08.29 2017나53757
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On April 21, 1990, the registration of ownership transfer was completed for shares 6,611/17,752 shares in the Defendant, G in the future, and H 4,530/17,752 shares among the 17,752 square meters of forest land in Gangnam-si (hereinafter “instant land before the instant partition”).

B. On March 11, 1999, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) against I as to the Defendant’s share 6,611/17,752 among the land before the instant partition.

C. On August 5, 1999, the registration of ownership transfer was completed for the designated parties C’s share 6,611/17,752 of G out of the land before the instant partition, with respect to the share 2,204/17,752 of G, the Plaintiff, the designated parties D, and the E’s share 1,469/17,752.

The land before the instant partition was divided into the JJ on November 17, 2004, and the area was 17,375 square meters, and the registration conversion was made on March 8, 2007 with the area of 16,890 square meters of K forest in Gangseo-si on March 8, 2007.

E. On March 8, 2007, K forest 16,890 square meters is divided into 4068 square meters of K forest, 593 square meters of L forest, and 6889 square meters of forest land in Gangseo-si, Gangnam-si, Gangnam-si, and the aforementioned N forest was divided into O, and the aforementioned L forest (hereinafter “instant forest”) was divided into 3/9 shares in Selection C, 3/9 shares in Selection, 2/9 shares in Selection, 2/9 shares in Selection, and the above M forest was owned by the Defendant.

F. On March 26, 2012, I received a decision to commence voluntary auction on the basis of the instant provisional registration, and on November 16, 2013, P and E Construction Co., Ltd. completed the registration of transfer on the ground of sale by voluntary auction for shares of 3.349/18 (1.17/18, 17/18, 17/18, 44/18, 0.74/18, 00 of the shares of Appointed C), among the forest of this case.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion did not cancel the provisional registration of this case and caused damages to the Plaintiff and the designated parties to lose part of the shares of the forest of this case. Thus, the Defendant is equivalent to the market price of the lost shares.

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