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(영문) 서울서부지방법원 2018.03.23 2017나35841
손해배상(기)
Text

1. The judgment of the first instance, including the plaintiff's claim extended by this court, shall be modified as follows:

The defendant.

Reasons

1. The reasoning of this court’s judgment on the defense prior to the merits is that the reasoning for this part of the judgment of the court of first instance is identical to that of the corresponding part of the reasoning of the judgment, and thus, it is cited by the main text of

2. Judgment on the merits

A. Basic facts 1) The Plaintiff is a clan that consists of members of F, G, 17 years of age, and H, 18 years of age, who are members of D's 16 descendants of D's Ma, and H, who are members of his own descendants. 2) On June 30, 1965, the Plaintiff filed a registration of preservation of ownership with respect to each 1/2 of the co-ownership shares of the Plaintiff's clans J (K's descendants) and L (M's descendants) which are the grounds for the clans of the Plaintiff's clans.

3) On September 13, 2004, the J died, and on March 8, 2013, the Defendant completed the registration of ownership transfer for the above 1/2 shares out of the instant land on the ground of inheritance by agreement and division as of September 13, 2004. 4) Of the instant land, the 1/2 shares in the Defendant’s name were sold by public auction due to the Defendant’s default of taxes, and the registration of ownership transfer for the reason of public auction was completed on December 21, 2015 under the N’s name as of February 25, 2016.

5) On June 10, 2016, the Plaintiff clan decided to terminate the title trust of the instant land at the general meeting (the general meeting consisting of the president, directors, and representatives according to the revised pledge). [The fact that there is no dispute over the grounds for recognition, Gap’s evidence Nos. 1 through 4, Gap’s evidence No. 11, and the purport of the whole pleadings, as a whole.

B. 1) The Plaintiff’s assertion 1) The instant land owned by the Plaintiff is the land owned by the Plaintiff’s clan, which is owned by J and L, and the Defendant is obligated to pay compensatory damages due to nonperformance of the obligation to transfer ownership due to the termination of title trust. 2) The instant land alleged by the Defendant is not the ownership of the Plaintiff’s clan, but the real estate owned by the O clan (hereinafter “O clan”).

C. First of all, we examine whether the instant land is owned by the Plaintiff clan.

Gap evidence 3, 6, 7, 8-1 through 4, 9, 26, 27, 29, 30, 30.

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