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(영문) 서울중앙지방법원 2017.08.09 2017가합527167
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 land survey book prepared in the Japanese colonial era contains that D having a domicile in Yang-gun C in the Gyeonggi-do, Suwon-si, the area of which is 139 square meters of forest land B in Suwon-si (the administrative district was changed and the horizontal meter was converted as above) was under the circumstances of D.

B. On August 27, 1959, the defendant completed registration of preservation of ownership of the above land.

On November 14, 1988, the Korea Land Development Corporation completed the registration of ownership transfer based on land expropriation with respect to the above land. On February 10, 1990, due to land rearrangement, the above land was replaced with the land with the land size of 462.5 square meters in Yeongdeungpo-gu, Suwon-gu, Suwon-si.

(hereinafter referred to as “instant land”). Thereafter, F, G, and H completed the registration of ownership transfer of the instant land in sequence by F, G, and H, and I and J completed the registration of ownership transfer on June 11, 2007.

C. On May 3, 1925, K, the Plaintiff’s fleet, died on May 3, 1925, and succeeded to the property of son, who is his family head heir, died on January 14, 1990, and succeeded to L’s property. M died on October 16, 2003 and died on October 16, 200, and succeeded to his property by the Plaintiff, N,O, P (he husband, Q, Q, children’s husband, and S) and T (the husband’s husband’s husband’s husband’s inheritance).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that the instant land was acquired at the original time under the circumstances of K, who was the Plaintiff’s prior owner, and the heir, such as the Plaintiff, etc., were owned by his heir, such as the Plaintiff. The Defendant, an unentitled person, was the land of this case, resulting in the Plaintiff’s loss of ownership by accepting the instant land by the Korea Land Development Corporation after the registration of initial ownership was completed illegally.

Since there is a proximate causal relationship between the Defendant’s unlawful completion of registration of ownership preservation and the Plaintiff’s loss of ownership, the Defendant owns the instant land to the Plaintiff.

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