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(영문) 전주지방법원 2018.05.30 2016가단31987
손해배상 청구의 소
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Facts of recognition;

A. As part of the Saemaul project in the 1970s, the village structural improvement project for rural villages was implemented. Around 1978, the village structural improvement project was carried out in Japan, including F. 1,725 square meters (hereinafter “instant land”).

B. The instant land was registered in the original name of G and H with each one/2 shares, but G donated its shares (1/2) to G, and completed the registration of transfer of shares based on donations on September 20, 198.

C. As to the shares transferred from G, I completed the registration of transfer of shares on the ground of the donation made on August 22, 1990 by Defendant B, C, D, E (hereinafter “Defendants”) and J on August 24, 1990, respectively, and the transfer of shares made on August 22, 1990 to Defendant B, C, D, and E (hereinafter “Defendants”), and with respect to the shares transferred from G, the registration of transfer was completed on the ground of the share transfer made on the gift made on August 22, 1990. As to the shares held by H, the registration was completed on the ground that the shares were donated on December 17, 1994 by the Defendants and the J, respectively, with 1/10 shares of the former District Court No. 88403, Dec. 17, 1994.

Meanwhile, on the other hand, on January 21, 2015, the instant land was divided into 774 square meters prior to K (hereinafter “instant land”). Defendant B, C, and D sold 2/10 of their respective shares in the instant land to the Republic of Korea on March 20, 2015 in accordance with the procedure for the acquisition of public land on March 20, 2015, and received compensation of KRW 27,029,400, respectively. Defendant E sold its own shares (2/10) in the instant land to the Republic of Korea on May 11, 2015 in accordance with the procedure for the acquisition of public land, and received compensation of KRW 27,029,400 as compensation.

【In the absence of dispute over the ground for recognition, Gap evidence 1, 2-1, and 2-2, the fact-finding inquiry and reply to the head of the complete Si/Gun, the purport of the whole pleadings

2. Summary of the parties' arguments

A. As part of the Saemaul Project around 11978, as part of the Saemaul Project, the village structural improvement project was carried out in the Japan of the instant land, G and 16 others as co-chairpersons for the said village structural improvement project.

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