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(영문) 서울중앙지방법원 2019.06.12 2018가합512124

부당이득금

Text

1. The Defendant’s KRW 350,000,000 and its amount shall be 5% per annum from August 13, 2013 to June 12, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. D clans (hereinafter referred to as “foreign clans”) established the rules of the clan that limit the qualification of members to “sex who is an independent household member,” from the special general meeting of the clan on June 14, 1980, and the qualification of members to “sex who is an independent household member,” while retaining the 27th class 6th class 6th class 2 of the forest E in Guro-gu Seoul, Guro-gu, Seoul before the division as a clan for the clan.

B. The non-party clan holds an extraordinary clan general meeting on July 23, 1989 and above A.

F forest on July 14, 1997, is divided into 123,814 square meters of F forest, J forest, 1,356 square meters, 23,732 square meters of K forest, 601 square meters of L forest, M 5,875 square meters of forest, 204 square meters of N forest, 16,68 square meters of O forest, 552 square meters of P forest, and 236 square meters of Q forest.

G Of the 12,858 square meters of G forest, the said H forest was divided into 24,180.4/24,263 square meters of H forest and 6,382 square meters of H forest and 24,80.4/24,263 square meters of H forest and 6,382 square meters of H forest and 63 square meters of H forest, 643 square meters of R forest and 622 square meters of land, T forest and 603 square meters of land, 183 square meters of land of U forest, 185 square meters of forest, 50 square meters of forest and 371 square meters of forest.

(hereinafter referred to as "the instant forest land" was decided to sell the said three lots of forest land, and on July 9, 1997, I completed the registration of transfer of ownership on the instant forest land due to sale on May 1, 1997.

C. After that, on March 9, 1998, the non-party clan and I concluded a sales contract with I on May 1, 1997 with regard to the forest of this case, but around July 29, 1997, the reason for applying for the "I decided to cancel the above sales contract. I shall implement the procedure for cancelling the registration of cancelling the ownership transfer on the forest of this case to the non-party clan." (Seoul Central District Court 98Da237) was established.

However, since the procedure for registration of cancellation is not implemented due to the above filing telephone disaster, the registration of ownership transfer remains in the name of I with respect to the land of 23,732 square meters of the Guro-gu Seoul Metropolitan Government, which is divided from the forest of this case (hereinafter “instant land”).