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(영문) 수원지방법원안양지원 2020.08.14 2019가합104995
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 3, 4-1, 18-1, 3, and 19-1.

The network C and the network D have 2 South and North Korea under the slova, but the defendant is the South and the plaintiff is the defendant and the plaintiff are the slova.

B. On September 12, 2006, In Gyeyang-gu, Ansan-si E Forest E-17,519 square meters (hereinafter “the instant land”) owned by the Defendant, and the registration of ownership transfer was made under the Plaintiff’s name on September 22, 2006 (hereinafter “the instant registration of ownership transfer”) under the receipt of the Gyeyang-gu District Court’s Gyeyang-gu Branch Branch of Ansan-gu, Seoul Special Metropolitan City under the receipt of the 10803 registration office, which was based on the donation.

On March 29, 2010, the instant land was subject to registration conversion into 17,030 square meters of F forest land in Ansan-gu, Ansan-gu, Ansan-si, and the forest land of this case was divided into 13,309 square meters of forest land among the instant land into Yyang-si, Ansan-si G on April 9, 2010.

C. On August 4, 2014, the Defendant filed a lawsuit against the Plaintiff claiming for the cancellation of the ownership transfer registration of this case by asserting that the gift contract was not concluded on September 12, 2006, which was the cause for the registration of ownership transfer of this case, and that the ownership transfer registration of this case was null and void based on the forged gift contract.

The court of first instance accepted the Defendant’s assertion on September 24, 2015, on the ground that the Defendant was not staying in the Republic of Korea on September 12, 2006, which was the date of preparation of the said gift contract, and rendered a favorable judgment against the Defendant, “The Plaintiff” following the procedure for cancellation registration of ownership transfer registration.

Accordingly, the plaintiff appealed from Suwon District Court 2015Na36621, but the judgment dismissing the appeal was rendered on September 8, 2016.

Therefore, the Plaintiff re-appellanted and appealed by Supreme Court Decision 2016Da256920, but was dismissed on December 29, 2016.

(hereinafter, each of the above lawsuits is referred to as "the preceding lawsuit". 2. The plaintiff's assertion is the defendant of this case.

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