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(영문) 대구지방법원경주지원 2016.11.17 2016가단10325
손해배상(기)
Text

1. The Defendant’s KRW 190,000,000 as well as 5% per annum from February 17, 2016 to November 17, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On December 27, 2004, the Plaintiff purchased from the Defendant a 745mm2 (hereinafter “land before subdivision”) from the Defendant prior to the subdivision and completed the registration of ownership transfer on December 28, 2004.

B. On November 23, 2010, the land prior to subdivision was divided into A 233 square meters and B 512 square meters, and the said land was combined with C factory site 11,390 square meters on November 17, 201 and cancelled.

After that, on January 13, 2012, C was divided into 4,840 square meters of land for C, D land for factory 5,420 square meters, E land for factory, and 1,130 square meters of land. Among them, land before subdivision is located in part of D land and E land.

(F) The land before the subdivision was divided or merged with part of A, P, A, 233 square meters of land for a factory, D, 5,420 square meters of land for a factory, E, land for a factory, and 1,130 square meters of land for a factory; hereinafter referred to as “part of the land before subdivision”).

On the other hand, the land cadastre of F 2,552 square meters at the time of racing, which is the mother's land before the division, was indicated as the owner of G.

G’s inheritors filed a lawsuit against the Plaintiff and the Defendant for the registration of ownership transfer on the part of the land before partition due to the restoration of real name, etc., and received the winning judgment on October 30, 2015, and the judgment became final and conclusive on November 24, 2015.

(Seoul Central District Court 2014dan5132580, hereinafter referred to as the "instant lawsuit") d.

Accordingly, on January 12, 2016, the Plaintiff agreed to pay KRW 190 million to the inheritor of G, and the inheritor of G agreed to recognize the Plaintiff’s ownership of the part of the land before the division (hereinafter “instant agreement”). Around that time, the Plaintiff paid KRW 190 million to the inheritor of G.

[Ground for recognition] The fact that there is no dispute, Gap's 1 through 13, and the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the occurrence of liability for damages, it is before the division between the Plaintiff and the Defendant.

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