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(영문) 부산고등법원(창원) 2017.06.29 2016나25082
손해배상(기)
Text

1. The plaintiff's appeal against the defendants and the selective claims added by this court are all dismissed.

2. Appeal.

Reasons

1. Basic facts

A. At around September 1966, I owned 912 square meters (hereinafter referred to as “second-class land”) of K site 5,089 square meters (hereinafter referred to as “J”) in Nam-gu, Busan (hereinafter referred to as “second-class land”) and owned 2 Dong-dong, warehouse 3 Dong-dong, 1 Dong-dong, fence, etc. (hereinafter referred to as “the instant housing, etc.”) located on the said ground, which is owned by the school foundation J (hereinafter referred to as “J”) adjacent to the land 1.

B. On March 6, 1979, I died and jointly inherited the Plaintiff, L, M, N,O, P, the first land, and the instant housing, etc., which are the children of I.

C. On December 23, 1991, the Plaintiff received full donation of the inheritance shares in the land No. 1 and the instant housing from the remaining successors of I on December 23, 1991, and owned the land No. 1 and the instant housing independently.

At around 2003, the J filed a lawsuit against the plaintiff for the removal of the instant housing, etc., the removal of trees 164glus, the removal of trees 164glus, and the delivery of land 2 by the Busan District Court Branch of the Dong Branch of the Busan District Court (KJ). On May 13, 2004, the plaintiff filed an appeal in accordance with the Busan High Court Decision 2004Na8685, 8692, and on January 25, 2005, the conciliation of the following (hereinafter referred to as "the separate conciliation") was established between J and the plaintiff at the appellate court on January 25, 2005:

1. The plaintiff is paid KRW 150,000 from J to February 28, 2005 by and in repayment of the payment of KRW 150,000,00,000 to J, and deliver the instant house, etc. and land 2 to J.

2. The Plaintiff collects trees 164gs on the ground of land 2, and confirms that the trees not collected until February 28, 2005 are owned by J.

E. Meanwhile, Q was employed as the president of J at the time when the I occupied the second land. On December 11, 1977, the Q jointly inherited Q. R was deceased on April 2, 1978, and R was deceased on April 2, 1978 and jointly inherited the Defendant C, children, D, Defendant E, F, and G.

(f).

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