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(영문) 광주지방법원 2020.01.10 2018나65612
손해배상(기)
Text

1. Defendant B among the judgment of the first instance, including the Plaintiff’s selective claim added to Defendant B by this court against Defendant B.

Reasons

1. Basic facts

A. On September 22, 1970, the network C (hereinafter “the network”) completed the registration of ownership transfer with respect to D-Do, Gwangju-dong (hereinafter “instant land”).

B. On October 21, 1987, the Plaintiff completed the registration of ownership transfer for reasons of sale on October 20, 1987, with respect to the building and the building on land adjacent to the instant land, Dong-gu, Gwangju Special Metropolitan City E-gu (hereinafter “Plaintiff-owned land”) and Dong-gu (hereinafter “instant building”).

C. On October 17, 2017, Defendant B, the deceased’s heir, completed the registration of ownership transfer based on inheritance by consultation and division on March 27, 191 with respect to the instant land. On October 19, 2017, Defendant B, the deceased’s heir, completed the registration of ownership transfer based on the acquisition of public land on October 19, 2017, and received KRW 17,515,000 from Defendant Dong-gu, Gwangju Metropolitan City as the purchase price of the instant land.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including branch numbers, if there are branch numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that F purchased the land of this case from the deceased in 1982 to 1983 and sold it to the plaintiff around September 198, 198, as to the claim for damages based on the subrogation right of the plaintiff against the defendant B, and the defendant B led to the confession under Article 150 of the Civil Procedure Act.

According to the above facts, Defendant B, the deceased’s heir, is obligated to complete the registration of ownership transfer with respect to the instant land, and F is obligated to complete the registration of ownership transfer with respect to the Plaintiff. As seen earlier, Defendant B completed the registration of ownership transfer with respect to Defendant B’s land on October 19, 2017 to Defendant B, Dong-gu, Gwangju Metropolitan City on October 19, 2017 and completed the registration of ownership transfer with respect to Defendant B’s land acquisition on October 19, 2017, and both Defendant B’s duty to transfer ownership and F’s duty to transfer ownership to the Plaintiff.

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