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(영문) 청주지방법원충주지원 2015.05.20 2013가단10614
손해배상(기)
Text

1. The Defendant’s KRW 15,056,80 for the Plaintiff and KRW 5% per annum from December 24, 2013 to May 20, 2015.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed by one-third of shares in C, D, and E with respect to B forest land of 30,798 square meters (hereinafter “forest land before division”) in Chungcheongnam-si.

B. C filed a lawsuit for partition of co-owned property as to forest land before partition against C and E’s inheritors, Cheongju District Court Decision 2005Da7743, Cheongju District Court Decision 2005Da7743.

On September 28, 2006, the above court rendered a judgment that divided the forest into three parts and divided the forest into three parts and (1), (2), (3), each of the successors of C, D, and E owns 10,26 square meters (i.e., 30,798 square meters of forest land before division x 1/3) in kind. The above judgment became final and conclusive on November 7, 2006.

C. On January 5, 2007, in accordance with the above judgment, the registration of subdivision was completed with regard to the forest land B (10,266 square meters (hereinafter “the instant forest”) owned by the heir of the E on January 5, 2007, with regard to the forest land B (10,266 square meters), F forest land owned by C (10,26 square meters), and G forest owned by D (10,266 square meters).

E. As above, the forest land of this case was owned by E according to the final judgment on partition of co-owned property. However, the registration of the forest land of this case was registered as if C et al. still has shares since E’s heir’s ownership transfer registration was not completed in the future with respect to one-third share of C and D’s respective damages.

(B) On January 20, 201, the Defendant, at the request of the Defendant’s Intervenor, conducted a public sale of the instant shares (hereinafter “instant public sale”) with respect to the instant shares, at the request of the Defendant’s Intervenor on January 20, 201.

The Plaintiff received the instant shares in the instant public sale and completed the registration of ownership transfer in the future of the Plaintiff on June 23, 2011.

G. On July 22, 2011, the Plaintiff completed the registration of transfer of ownership on the ground of sale with respect to one half of the instant shares, namely, one-six of the forest land in this case.

(h) Of the successors of E, I shall assist the Plaintiff and H in the Cheongju District Court.

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