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(영문) 서울중앙지방법원 2015.10.16 2015가합528012
손해배상(기)
Text

Plaintiff

A, Defendant E, from August 16, 201 to October 16, 2015, 5% per annum, respectively, for KRW 11,263,263, and for this.

Reasons

Basic Facts

The dispute over the Z land is registered under the name of the Plaintiff AB with respect to the Z land 3,978 square meters (AA AA 624 square meters prior to the land substitution; hereinafter “Z land”). The registration of transfer of ownership was made under the name of the Plaintiff A on February 5, 1965 under the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of General Farmland (amended by Act No. 1657, Sept. 17, 1964; hereinafter the same shall apply) pursuant to Article 4(2) of the Addenda (amended by Act No. 1657, Dec. 31, 1964; hereinafter the same shall apply). After the registration of transfer of ownership was made under the name of the Dong AC on the same day on July 10, 1967.

(No. 8-2, A, 26, 27, and 28). Plaintiff A filed a lawsuit against AD seeking ownership transfer registration on the said Z land as the Daejeon District Court Branch 2008Gadan5236.

However, on February 9, 2011, the above court rendered a judgment dismissing the plaintiff's claim on the ground that the registration under the name of the net AC with respect to the Z land was not made for a legitimate cause, but the prescription for the acquisition by possession of AD was completed.

(No. 8-2). Accordingly, Plaintiff A appealed with Daejeon District Court 201Na4191, but the said court dismissed Plaintiff A’s appeal on July 27, 201 (Evidence A-1) and the said judgment of the first instance became final and conclusive on August 17, 2011 due to Plaintiff A’s failure to file an appeal.

In the case of the dispute over the AE land, the land divided into 1,127 square meters prior to AE (hereinafter “AE land”) on March 28, 1980 and registered in the name of the network AB, the Plaintiff’s attached with respect to the land prior to the division, was registered on August 19, 1971. After the division, the ownership transfer registration for the said AE land was made on December 18, 1999 under the name of the Defendant F, for the reason that “the sale on May 14, 1970,” and the ownership transfer registration for the said AE land was made on December 15, 199.

(Evidence A-2, A-29, and 30). Plaintiff A shall be the Daejeon District Court.

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