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(영문) 서울중앙지방법원 2014.10.28 2013가단313738
손해배상(기)
Text

1. As to Defendant B, C, D, and E’s respective Plaintiff KRW 90,768,00 and KRW 80 million among them, Defendant B, C, D, and E shall be from November 11, 201 to April 201.

Reasons

1. On January 28, 1988, the ownership transfer registration was completed on May 17, 1991, after the date when the ownership transfer registration was completed on the land in the 53,510 square meters of F factory site in the Dong-gu, Nam-gu, Seoul Special Metropolitan City, the parent company of the Plaintiff on May 17, 1991. In other words, the ownership transfer registration was made in the National Federation of Fisheries Cooperatives, the trustee on August 19, 2010, and the ownership transfer registration was completed again on April 29, 2013.

Around January 28, 198, the area of the instant factory site was 6,793 square meters, which was at the time of acquiring the ownership of a third-party company. However, on February 17, 1989, 23 lots, such as 4,115 square meters of G factory site, were combined, and 42,202 square meters increased to a large size. On May 7, 1990, seven lots, such as 113 square meters of H factory site, were combined, and 52,149 square meters became 52,149 square meters of land. Since the merger of 1,361 square meters of I factory site on June 9, 1995, 53,510 square meters was 53,510 square meters, it was now reached.

The instant J 496 square meters of forest land was originally unregistered land on December 25, 1918 by the network K, and there was no special land alteration since L and M were divided into L and M on November 10, 1924, and L (L) and N (N) land was converted into land for factory (the instant land was merged into the instant land for factory around February 17, 1989). In the course of the axis of the relevant drawings, there was an error in which the boundary between the instant forest land and the land for factory overlap with the cadastral map due to error in the course of the construction and alteration of the relevant drawings.

2. The deceased K died without registering the preservation of the forest of this case and completed the registration of ownership transfer on October 27, 201 with respect to shares of Defendant B, C, D, and E, its inheritor, following the agreement on the division of inherited property, and completed the registration of ownership transfer on November 9, 201 with respect to shares on October 1/4, 201. The registration of ownership transfer was completed to Defendant A on November 11, 201.

3. The forest land in this case is occupied and used as part of the land for factory in this case with its entire surrounded with the land for factory in this case by the plaintiff company.

4. On November 1, 201, Defendant A’s future.

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