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(영문) 서울고등법원 2015.04.15 2014나60479
손해배상(기) 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is a business operator who created a housing complex and sells it in lots within 8,033 square meters of J-J forest in Gwangju-si (hereinafter “J forest before division”). Defendant D and E are the buyers who purchased part of the land from the Plaintiff. Defendant B is a business operator who performs housing complex development project in K and 18 lots adjacent to J forest before division.

B. On December 12, 2001, the Plaintiff divided the J forest into 2,803 square meters prior to the division into J forest and 5,230 square meters prior to the division, as shown in the attached cadastral map, and divided J forest into 2,803 square meters as U forest and 2,803 square meters; AE forest is converted into 5,230 square meters as L forest and 777 square meters; H forest and 774 square meters as L forest, T forest and 774 square meters, T forest and 774 square meters as land, O forest and 574 square meters as forest and N forest and 630 square meters, respectively.

(hereinafter referred to as “instant land” by aggregating all the divided lands, and individual lands are limited to lot numbers, which is based on the annexed cadastral map.

(1) On May 31, 2002, the Plaintiff is jointly accused C (hereinafter “C”) of the first instance court on May 31, 2002.

(C) In order to sell “270 square meters out of J forest” to KRW 270,000,000,000 and attached drawings such as [Attachment Form 4] [Attachment 4] [Attachment 4] [Attachment 4]]] [Attachment 1] [Attachment 1] [Attachment 2]

2) However, in the process of taking over the registration of the above purchase portion, C filed a registration of ownership transfer claim on October 1, 2002, but completed the registration of ownership transfer on October 10, 2005.

On August 6, 2002, the Plaintiff sold I land to Defendant E, and on August 6, 2002, the provisional registration of the right to claim ownership transfer under the above Defendant’s name was made on August 6, 2002, and on March 16, 2005, the ownership transfer registration was made on March 16, 2005. On October 1, 2002, the provisional registration of the right to claim ownership transfer under the above Defendant’s name was made on October 2, 2002, and the ownership transfer registration was made on March 16, 2005.

(e).

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