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(영문) 서울동부지방법원 2014.07.08 2013가합104484
손해배상
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 2006, the Plaintiffs leased KRW 400 million to Nonparty D with interest rate of KRW 3% on the part of Nonparty D (hereinafter “Pule Construction”). The said Pule Construction loaned KRW 400 million to Nonparty E on August 29, 2006, and KRW 200 million on March 19, 2007. Since E and Pule Construction were not fully repaid, the Plaintiffs and D, Sule Construction, and E were unable to fully repay their obligations, they agreed to provide the Plaintiffs with each forest land of KRW 1,745 square meters in E, G 1,975 square meters in E, 1,464 square meters in Hule Construction, 922 square meters in I forest, and 946 square meters in Jule Forest (hereinafter “instant forest land”).

The plaintiffs and D completed provisional registration of the claim for ownership transfer (hereinafter "provisional registration of this case") on July 25, 2007 with respect to each one-third share of each one-third share of the land of this case by the Native District Court of Suwon Branch of the Republic of Korea registry office of 31174, which was received on July 25, 2007, and thereafter the aforementioned D shares were transferred to Non-Party K on July 30, 2009, and the share transfer registration was completed under Article 30144 of the same registry office.

B. After July 2009, the Plaintiffs entered into a delegation contract with the Defendant, an attorney-at-law (hereinafter “instant delegation contract”) for the purpose of completing the principal registration based on the instant provisional registration. On July 8, 2009, the Defendant filed a suit against Nonparty E for the principal registration based on provisional registration (U.S. District Court 2009Da53372).

Around August 2009, when the above lawsuit was in progress, the plaintiffs received a letter from the defendant that he planned to expropriate the land of this case and requested consultation on compensation. At that time, the plaintiffs notified the defendant of this fact.

After December 18, 2009, the Ansan City notified the plaintiffs that "A compensation consultation shall be made by January 18, 2010, and if no compensation consultation is reached, a plan to apply for a ruling of expropriation to the Land Expropriation Committee" was notified that "A plan to apply for a ruling of expropriation to the Land Expropriation Committee." From April 16, 2010 to May 3, 2010, the expropriation date and the expropriation date through the local Land Expropriation Committee's ruling through the public notice period from April 17, 2010 to May 3, 2010.

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