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(영문) 서울북부지방법원 2015.05.29 2014나6518
손해배상 등
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “Defendant-owned land”) was originally owned by E. In around 1997, the Defendant purchased it, and the real estate listed in paragraph (1) of the separate sheet among them was owned by the Defendant, E, and H, but became the sole ownership of H on January 20, 1998, and completed the registration of ownership transfer under the Defendant’s name on December 7, 2004. The real estate listed in paragraph (2) of the same list was completed as the co-owned property partition on January 20, 1998, and each real estate listed in paragraphs (3) and (4) of the same list was completed in the Defendant’s name on November 27, 1997.

B. In Yangju-si’s neighboring land owned by the Defendant, C and its ground buildings (hereinafter “Plaintiff-owned land” and “Plaintiff-owned building”) were owned by E. The Plaintiff and the remaining designated parties (hereinafter collectively “Plaintiff, etc.”) purchased and completed the registration of ownership transfer on February 2, 2010, respectively.

C. Of the land owned by the Defendant, there is a well (line well, hereinafter “instant well”) installed by E, the previous owner of the land owned by the Defendant, in Yangju-si, as indicated in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”).

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-12, 5 through 8, Gap evidence 2, Gap evidence 3-1, Eul evidence 3-4, and the purport of the whole pleadings and arguments

2. Judgment on the plaintiff's claim

A. At the time when the plaintiff's assertion 1 E sells the land owned by the defendant to the defendant, the government of this case did not include the land owned by the defendant in the sale subject matter and sold the land owned by the plaintiff to the plaintiff et al. on January 29, 2010, together with the land and building owned by the plaintiff to the plaintiff et al.

Therefore, the land owned by the Defendant and the government was originally owned by E, and the land owned by the Defendant was sold to the Defendant, respectively, to the Plaintiff, etc.

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