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(영문) 대전지방법원 2021.01.20 2019가단131371
손해배상(기)
Text

1. The Defendant’s KRW 60,282,00 as well as the Plaintiff’s KRW 5% per annum from December 10, 2019 to January 20, 2021, and the following.

Reasons

1. Facts of recognition;

A. 1) As to the land of this case, the Defendant clan completed the registration of ownership preservation in accordance with the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate on August 16, 1980 (amended by Act No. 3094, Dec. 31, 197) with respect to the land of this case, 319 square meters in Sejong Special Self-Governing City D, E, 75 square meters (hereinafter “each land of this case”).

2) In order to assign each of the instant lands to public land necessary for the Incheon Maintenance and Improvement Project, Yeong-gun paid the agreed compensation amounting to KRW 8,479,450 on September 6, 2003, and completed the registration of transfer of ownership on each of the instant lands on June 9, 2008, on the ground of the acquisition of consultation on the land for his own public use on June 5, 2008.

On April 7, 2015, with respect to each of the instant lands, the ownership, which was caused by natural succession on July 1, 2012, was changed by the name of the Plaintiff.

B. 1) F filed a lawsuit against the Defendant clan, the Plaintiff, etc. regarding the cancellation of the registration of ownership transfer under the Daejeon District Court 2015Kadan 13956, Daejeon District Court 2015, on the following grounds: (a) as one of the co-inheritors in the name of Sejong Special Self-Governing City G-Governing City and H 919 square meters and H 387 square meters, which is the land prior to the division of each of the instant lands; and (b) as one of the co-inheritorss in the name of H 387 square meters.

2) On April 6, 2017, the above court rendered a ruling that on the ground that, at the time when I received the land before the division, it cannot be acknowledged that there was an agreement between I and the Defendant clan on the trust between I and the Defendant because it did not lose the land before the division, the registration for the preservation of ownership in the name of the Defendant clan is null and void, and that the registration for the transfer of ownership in the Plaintiff’s name is also null and void, the registration for the preservation of ownership in the name of the Plaintiff, which is premised on the validity of the registration for the transfer of ownership in the Plaintiff’s name.

3) Although the Plaintiff and Defendant C and C were dissatisfied with the above judgment of the first instance court, the appeal was dismissed on December 6, 2017 (Seoul District Court 2017Na 104819), and the appeal was lodged against the judgment of the said appellate court, but the trial was not continued on April 12, 2018.

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