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1. The defendant is based on the plaintiff's restoration of real estate stated in the separate sheet.
Reasons
1. Determination as to the cause of claim
A. 1) B was a public official in charge of the affairs concerning the sale of State property. 2) Although the Plaintiff did not sell each real estate listed in the separate sheet (hereinafter “each land of this case”) to C, B made a false sales contract on October 20, 1972 with the content that the Plaintiff sells each land of this case to C, and made it possible to transfer ownership in the name of C with respect to each land of this case.
3) In addition, B prepared a sales contract to sell each of the instant lands to D and applied for the change of the name of a purchaser of State property by using it so that C can promptly file for the registration of ownership transfer of the instant land in D immediately thereafter. 4) On December 12, 1997, on each of the instant lands, the registration of ownership transfer was completed in the name of the Defendant (the registration date on December 11, 1997).
For any reason, it is unclear whether the registration of ownership transfer has been completed in the name of the defendant, and the plaintiff does not clearly explain this point.
Although the Defendant stated that each of the instant real estate was purchased in 197 as stated in the registry book, it did not disclose who purchased it from anyone.
5) B was prosecuted for committing an offense, such as illegally unafforested state property by using the name of relative relatives, etc. and the resale of it to a third party and the defraudation of the purchase price thereof, and was convicted and finalized upon conviction (Supreme Court Decision 94No228 delivered on July 1, 1994; Supreme Court Decision 94Do2048 delivered on October 21, 1994) / [Grounds for recognition] Evidence A 1 through 5 evidence (including a serial number), and the purport of the entire pleadings
B. Prior to the amendment by Act No. 2950 of December 31, 1976, the purpose of which is to protect the judgment of state property and to ensure the proper acquisition, maintenance, preservation, operation, and disposal thereof.