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(영문) 수원지방법원 2015.10.13 2014가단62165
피해금 청구
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

A on April 20, 207, on behalf of B and four other, sold 11,249 square meters of E forest land (hereinafter “instant land before the instant subdivision”) and 18 lots of land outside of 11,329,50,000, on behalf of C and D, and on November 20, 207, C and D sold 5,914 square meters of land before the instant subdivision to the Plaintiff at KRW 1,252,30,000.

The land before the instant partition was divided into G 5,124 square meters of forest land (hereinafter “instant land”) after registration conversion into 11,260 square meters of forest land in the G, G, and G 5,124 square meters (hereinafter “instant land”). As to the instant land on August 20, 209, the registration of ownership transfer was completed on the ground of sale in the Plaintiff’s future.

C. At the time of registration conversion and partition of the instant land before the instant partition, H, an employee of the Korea Land Information Corporation (hereinafter “Defendant Corporation”), asked H to prepare a survey result map including unregistered state-owned land adjacent to the boundary line of the instant land before the instant partition. On February 15, 2015, H received KRW 40 million in bribe and prepared a false survey result map as above upon request. Accordingly, the instant land included a 590 square meters of unregistered state-owned land on the instant land.

H was convicted of imprisonment with prison labor for not more than three years and six months after the acceptance of a bribe.

[Attachment, the Seoul High Court: (a) revised the boundary and size of the instant land (4,534 square meters from 5,124 square meters to 4,534 square meters) on the ground that the instant unregistered state-owned land was included in the area of 590 square meters on the instant land; and (b) on August 5, 2011, registered the instant unregistered state-owned land 590 square meters on the land cadastre of 1590 square meters on the ground that the instant unregistered state-owned land was included in the area of 590 square meters on the instant land.

The Plaintiff asserts that the Plaintiff sustained damages of KRW 165,400,00 (i.e., the appraised value of KRW 153,400,000,000, out of the instant land) due to the rectification of the boundary and area of the instant land, and that there was a change in the construction permit of KRW 12,00,00,00, such as the design cost for a change in the construction permit, etc., around July 14, 201, the purchase price against A, C, D, Defendant C, and Defendant Corporation.

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