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(영문) 서울고등법원 2020.11.20 2020나2014213
손해배상(기)
Text

The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revocation shall be dismissed.

Reasons

1. Facts of recognition;

A. On October 1, 1913, the assessment of the instant original land, the division, and the filing of a registration certificate, were considered to have been owned by C on October 1, 1913, the approximately KRW 17,499, and the approximately KRW 2,747, supra was considered to have been owned by E (the “Fri-gun, Yang-gun, Yang-gun, the” was deemed to have been changed to the “Gri-gun, Yang-gun, Yang-gun,” and the administrative district was changed to the “H-dong,” and the said land was indicated by the parcel number at the time of

2) On August 30, 1935, the Plaintiff, an unlimited partnership company, the purpose of which is agricultural management, etc., was to jointly manage and benefit from AO’s miscarriage C, etc.

3) B was divided into I land, etc., and D land was divided into J land, etc. (hereinafter the aforementioned divided land) and “the original land” in total.

(4) A copy of the registration certificate of each of the above lands is written that C completed the registration of ownership transfer due to inheritance on March 28, 193, and the Plaintiff completed the registration of ownership transfer due to sale and purchase on December 12, 1935. (4) The registration and cadastral record of the above lands were entirely destroyed at the time of transfer.

B. On December 6, 1954, the receipt of the Government Registry of the Seoul District Court on the original land of this case (the Government Registry of the District Court was abolished in around 1962, and currently in force) No. 4421 on December 6, 195, the date of receipt of the registration prior to the destruction, the date of receipt of the registration, the grounds for registration, and the date of the registration, and the “sale on April 1, 1938, 1938,” and the “registration of the transfer of the ownership right in the Defendant’s name”

(C) On January 12, 1960, the sale and purchase of the original land of this case was completed on June 30, 1954, prepared by the K Director, with the basis document for the above registration, and the certificate of ownership transfer was submitted. (c) On January 12, 1960, the registration of ownership transfer was completed in the name of L, the cause of which is the land of this case.

2. The original land of this case is after replotting, merger, division, etc.

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