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(영문) 수원지방법원 2015.01.06 2013가단57180

원상회복 등

Text

1. For the plaintiffs:

A. Defendant D Class D shall pay the amount of KRW 19,904,907 as well as the amount of KRW 19,907 as well as the amount of interest thereon from November 22, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 28, 2003, F, which was the representative of Defendant D clan (hereinafter the Defendant clan), purchased certain 3,305 square meters of G forest land (the part of the land was divided into each land listed in the current annexed sheet as seen subsequent to the land; hereinafter the “instant part of land”) from H by I, referred to as “H’s agent, for the reason that he purchased certain 3,305 square meters of land from G forest land 5,950 square meters of land (hereinafter the “instant disposition of prohibition of provisional disposition”), the F was registered on July 31, 2003. < Amended by Presidential Decree No. 18213, Jul. 31, 2003>

B. On June 19, 2003, the Plaintiffs, which are the grounds for the closure of the JJJ, entered into a contract with H and K to purchase approximately KRW 90 million land of approximately 550,000,000,000 including KRW 5950,000 square meters of the above G G forest. Accordingly, on August 13, 2003, the Suwon District Court completed the registration of ownership transfer in the names of the Plaintiffs under the name of Suwon District Court No. 83739.

C. On November 2, 2005, nine members of the defendant clan, including the above F, filed a lawsuit against H on November 2, 2005 against Suwon District Court 2003Da55956 for the claim for the registration of ownership transfer concerning the instant part of the land, and obtained a judgment in favor of the defendant 1 through 9 of the defendant 1 through 9 on the ground that the sale and purchase contract for the instant part of the land with F, etc. with nine members of the defendant clan, including F, etc., is valid as a right representative, and the above contract with H, under the Suwon District Court 2005Na22975, which was appealed by H, lost all on the ground that it becomes null and void as a right representative. However, the above contract with nine members of the defendant clan, including F, etc., and H, was finally affirmed as a winning of the defendant 1 through 9 on May 11, 2005.

Around February 11, 2010, G forest 5,950 square meters was divided into L forest 3,305 square meters and M forest 1,170 square meters into G forest 5,300 square meters. The aforementioned L forest 3,305 square meters were divided into each land listed in the attached Table 1, after registration conversion into M 3,377 square meters around September 29, 2010, and was divided into each land listed in the attached Table 1.

1. The land was changed to the cemetery on April 4, 2012.

E. Nine members of the defendant clan, including F, are of this case.