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(영문) 광주지방법원목포지원 2016.12.22 2016가단7706
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The real estate of this case was originally owned by the Republic of Korea. Around July 8, 1974, C, who had been in charge of the affairs concerning state property, acquired the real estate of this case in his own name under the name of son and around July 29, 1983, by forging documents related to the change of the name of the purchaser of state property, and changed the name in the name of E, one of his private villages.

B. On June 7, 2004, the Defendant delegated the authority from the Republic of Korea, pursuant to Article 53-2 of the former State Property Act (amended by Act No. 7325 of Dec. 31, 2004; hereinafter “former State Property Act”), entered into a contract for the sale of State property with E as to the instant real estate, and completed the registration of ownership transfer on June 28, 2004.

C. The Plaintiff purchased the instant real estate from E on September 2, 2005 in the purchase price of KRW 29 million, and completed the registration of ownership transfer on September 6, 2005.

However, the Republic of Korea filed a lawsuit against E and the Plaintiff for the claim for cancellation of ownership under the 2012Kadan52555 of the Gwangju District Court Branch, and on September 25, 2013, the said court rendered a judgment that “The registration of ownership transfer in the name of E is null and void because it violates relevant statutes and is completed by forged documents, and the Plaintiff’s name completed based on the above registration is null and void, and thus, the Plaintiff is obligated to implement the registration procedure for cancellation of ownership transfer registration.” The above judgment became final and conclusive around that time.

After that, on February 14, 2014, the registration of ownership transfer of the plaintiff was cancelled.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2

2. Whether a public official in charge of the Defendant’s assertion of the Plaintiff is a person eligible for special sale of E when concluding a contract to sell or purchase State property under Article 53-2 of the former State Property Act as a special contract to sell or purchase State property.

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