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(영문) 서울고등법원 2015.09.04 2015나2003431
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the defendant, and those resulting from the intervention in the appeal.

Reasons

As to the instant case cited by the judgment of the court of first instance, the reasoning of this court is the same as the entry in the reasoning of the judgment of the court of first instance, in addition to the entry by the defendant, according to the grounds for repeated argument by the defendant, and thus, it is cited by the main text of Article 420 of the Civil Procedure Act. In addition, the entry of the entry into the entry into the statement by the court of first instance as “as of December 14, 2010” in Part 8 of the judgment of the court of first instance.

The part of the 7th to 11th page 9 of the judgment of the first instance court is as follows. The part of the 7th to 11th page of the judgment is as follows.

C. As to the assertion by the Defendant and the Intervenor, whether there exists losses and causations, the essence of the right to repurchase refers to the recovery of ownership of the land, etc. that the inmate owned by him/her, and the damage caused by the tort refers to the difference between the current property condition and the property condition that would have existed if he/she had committed an illegal act. Although the period for exercising the right to repurchase expires after the expiration of the period for exercising the right to repurchase, the deceased did not exercise the right to repurchase even though the Defendant provided the deceased an opportunity to exercise the right to the right to the decedent, and thus, the Plaintiffs did not have any damage

As seen earlier, the Defendant’s assistant intervenor designated as a repurchase business operator by the Defendant sent a notice of repurchase to the deceased demanding the exercise of the right of repurchase after the deceased’s exercise of the right of repurchase became extinct by registered mail, and the mail was returned, and the notice of repurchase was given by public notice.

However, even if the notice of repurchase was sent by registered mail to the deceased, so long as such notice was returned, it cannot be said that the notice of repurchase was sent to the deceased, and the deceased died on March 3, 201, and then the notice of repurchase was given by public notice around November 201.

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