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(영문) 대구고등법원 2019.12.19 2019나22877
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. All of the plaintiffs' lawsuits of this case are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The 1008 square meters (hereinafter “the land before the instant subdivision”) of Seogu-gu International City (hereinafter “the land before the instant subdivision”) was replaced with H 1,104 square meters (hereinafter “the instant land”) and J 2,050 square meters (hereinafter “J”) based on the former Agricultural Community Modernization Promotion Act (amended by Act No. 2486, Feb. 6, 1973; hereinafter “former Agricultural Community Modernization Promotion Act”).

B. On March 3, 1965, as the owner of the land before the instant partition, the transfer registration of the ownership of the deceased K and the deceased L was completed, which was put by the plaintiffs on each one/2 share of March 3, 1965.

C. On December 17, 1990, the plaintiffs died, on the ground of inheritance on July 21, 1980, with respect to the 1/2 portion of the land in this case owned by the deceased K, on December 17, 1990, they completed the registration of ownership transfer as to the 6/11 share of the plaintiff Eul, the 1/11 share of the plaintiff Eul, and the 4/11 share of the plaintiff Eul, and the 4/11 share of the deceased L's children, and thereafter they completed the registration of ownership transfer with respect to the Ma, which is the Ma-Ma's children of the deceased L, the registration of the vice branch branch of the Daegu District Court in Daegu, and the registration of ownership transfer (hereinafter "the registration of ownership transfer of this case") as the receipt on December 31, 1990.

The deceased M has died on April 30, 2006, and the heir is the defendant E, F, and G, the spouse of the defendant D and his children.

E. From October 2017, Plaintiff A found P and stated to the effect that “The network N has forged a land substitution plan and brought about the network K’s share of land by forging the land substitution plan, etc. Nevertheless, P et al. purchased the land from the network K, and thereby caused the instant registration of ownership transfer on December 31, 1990, by deceiving P et al.

F. On November 2017, Plaintiff A presented a letter stating “I will return to Plaintiff A of the original owner (the network K) about 1/2 (167 square meters) of the land of this case,” stating “I will return to Plaintiff A of the original owner (the network K),” and signed by Plaintiff A by stating “I will pay by no later than 0,000 won per day, and December 30, 2017.”

(g) The above letter (hereinafter referred to as “instant letter”). The Plaintiff A shall P.

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