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(영문) 수원지방법원 성남지원 2018.11.20 2018가합400185
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 entry, etc. of the Land Survey Board is indicated as follows: (a) The Land Survey Board of the Korea Land Survey Board of the Korea Land Survey Board of the Korea Land Survey Board of the Korea Land Survey Board of the Korea Land Survey Board of the Korea Land Survey Board of the Korea Land Survey Board of Gwangju-gun stated as follows: (b) one who had resided in H with respect to each one/2 of the respective shares of the 1/2 of the 3th 3th 3th 3th 3th 3th 3th 3th 3th 3th 3th 40 3th 420 3th 420 3th 100

B. As to each of the instant lands in the process of ownership change, registration of ownership preservation (hereinafter “registration of each of the instant lands”) was completed in the name of J as of July 25, 1968 by Suwon District Court, Sung-nam Branch Office of Gwangju District Court (No. 8294, Jul. 25, 1968). The registration of ownership transfer was completed in the name of the Defendant Republic of Korea as of April 20, 2004 by K and L (No. 21928, Apr. 20, 2004).

C. Succession 1) I died on February 1, 1979 and jointly succeeded by the Plaintiff, M, and grandchildren N. 2) the Defendant solely succeeded to J. D.

1) On May 18, 2017, the Plaintiff filed a lawsuit against the Defendant for the performance of each of the registration procedures for cancellation of ownership transfer in the name of the Republic of Korea against the Defendant with respect to each of the respective parcels of land in this case as to Suwon District Court Branch 2017Kadan210470, Suwon District Court Branch 2017Da210470 (hereinafter referred to as the “instant prior lawsuit”).

(2) The above court filed a lawsuit. 2) The above court is presumed to have taken the situation into consideration as the owner of the land inasmuch as there is no counter-proof that the situation has been changed by the adjudication, and the circumstances have become final and conclusive. Thus, I, the Plaintiff, etc. succeeded to the original acquisition of each of the land in this case, and then the Plaintiff, etc. succeeded to each of the land in this case.

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