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(영문) 춘천지방법원속초지원 2019.01.24 2017가합30285
손해배상(기)
Text

1. The Defendant’s KRW 517,558,150 as well as 5% per annum from August 5, 2016 to January 24, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. According to the land survey division prepared by the land survey division in the shipbuilding General and the Land Survey Division in the Land Survey Division in the Provisional Land Survey Division in the Japanese Government of the Republic of Korea (hereinafter “the land before division”), it is KRW 12,650 (hereinafter “land before division”).

(A) The Defendant (hereinafter referred to as “Defendant Gosung-gun”) is the head of Si/Gun/Dong on October 21, 1915 (4 years in 1915).

A) On February 6, 1967, Defendant High-gun completed the registration of initial ownership on the above land in the future of Defendant High-gun. (2) The registration of initial ownership was completed as shown in the detailed statement of division in attached Form 3, and ① Defendant High-gun sold the land No. 1-3 (D) of attached Form 1 to E on July 7, 1976 in the case of the land No. 1-17 (F) from July 7, 1976 to March 31, 2003, and transferred it to C on March 31, 2003.

On the other hand, in the case of the land (G, H, and I) listed in No. 11 of the Division Table 3, around October 7, 2005, the land (G, H, and I) was transferred to the Republic of Korea. Since it is irrelevant to the instant case, it was recognized as the time of the said divided transfer from July 7, 1976 to March 31, 2003.

The aforementioned “land before subdivision” was divided, partially sold to C, etc., and completed the registration of ownership transfer in the future. ② The above C, etc. transferred part of the transferred land again to the third party.

B. Prior litigation and the Plaintiff (hereinafter “Plaintiff Village”) (hereinafter “Plaintiff Village”)

(2) The Plaintiff Village Association asserted that “the land before subdivision” was owned by the Plaintiff Village Association, and filed a lawsuit seeking the registration of ownership transfer on the ground of the restoration of authentic names against Defendant High-gun and C, the final nominal owner of which filed a lawsuit against Defendant High-gun and C, etc. seeking the registration of ownership transfer on the ground of the restoration of authentic names, against the Plaintiff High-gun, the final owner of which was the Seoul Central District Court 2015Kahap504368.

Gap evidence 1, .

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