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(영문) 의정부지방법원고양지원 2017.11.17 2015가합74039

토지보상금반환

Text

1. The Defendants’ money indicated in each “claim” column in the attached table to the Plaintiff and as to the money, from March 30, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is a clan formed with AOC 19 years old AP as a joint group.

B. The instant land of this case was divided into a 123mm2 in Gyeyang-gu Seoul Metropolitan City, Taeyang-gu, Agu, Q2,165m2 on November 28, 2008, the said AY PY 78m2, and the said Am2 in the said Am2,964m2.

On April 10, 1947, with respect to 1/7 shares in each of the instant land (hereinafter “instant land”), the registration of ownership transfer was completed in the name of AR, AS, ATS, AT, AU, AV, AW, AX (hereinafter “AR, etc.”).

C. AR et al. died before the instant lawsuit was filed, and the Defendants among the Defendants were the Defendants.

2. C and Defendant 11. L, Defendant

7. H and Defendant 28.AC, Defendant 13. N and Defendant 30. AE are two persons.

each heir of R, etc. D.

When the instant land was incorporated into a BA Deposit Site Development Zone, the Defendants received each expropriation compensation as indicated in the “claim Amount” column in the attached Table from the Korea Land and Housing Corporation and completed inheritance registration by division under the Defendants’ name on September 2, 2013, and completed the inheritance registration by division under the Defendants’ name on the instant land.

E. Accordingly, on August 10, 2014, the Plaintiff held an extraordinary general meeting (hereinafter “instant general meeting”) and resolved to appoint D as the Plaintiff’s representative and file the instant lawsuit (hereinafter “instant resolution”).

[Grounds for recognition] The defendants other than the defendants who are deemed confessions pursuant to Article 150 (3) and (1) of the Civil Procedure Act: the statement of No. 1, 3, 7, 8, 9 (including additional numbers), and the purport of the entire pleadings

2. The Plaintiff’s indication of each claim against Defendant L (Defendant 11), M, P, Q, R, Z, AH, AI, AJ, and AK: since the instant land was held in title by a clan title trust to AR, etc., the Plaintiff, a real owner of the said land, should be deemed to have been maintained in each expropriation compensation received by the Defendants from the Korea Land and Housing Corporation through the delivery of a duplicate of the instant complaint, and thus, the title trust is terminated.