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(영문) 의정부지방법원 2017.08.31 2016가단26051

부당이득금반환

Text

1. The Defendant’s KRW 30,509,540 as well as the Plaintiff’s annual rate from January 27, 2016 to March 23, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is a clan set up by his descendants, who is 16 years of age of C Si Da, who is the 16 years of age of C, and the defendant is a member of the plaintiff's clan.

B. On March 19, 1987, with respect to each one-eight share of the F 926 square meters and G 1,154 square meters (hereinafter “instant land”), each of the shares in H, I, J, K, K, L, M (a later N),O, P (hereinafter “H et al.”) was registered for each share transfer under the name of H, I, J, K, L, M (a later N), O, and P (hereinafter “G et al.”) on the grounds of the sale on March 13, 1987. As the N died, each share transfer registration was completed on June 22, 2005 with respect to each share in each of the above shares on the grounds of inheritance by a consultation division as of December 17, 1999, each share transfer registration was made to the Defendant on June 22, 2005, and each share transfer registration was made on the grounds of the death and inheritance of each share holder.

C. Gyeonggi-do obtained the instant land through consultation from the right holders of the instant land, including the Defendant, while implementing Qroad Packaging, and paid KRW 32,151,590 as compensation for expropriation to the right holders of the instant land, including the Defendant.

On January 26, 2016, Gyeonggi-do made a registration of the transfer of ownership based on the acquisition of the land for public use on January 25, 2016 with respect to the defendant's share among the land in this case.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-3-1, 2-2, Gap evidence 4-1, 2-5-1, 5-2, and the purport of the whole pleadings

2. Determination

A. In a case where the issue of title trust on a certain land between the registered titleholders, such as a clan and a clan member, is disputed, the existence of a clan, which has an organic organization, at the time the registered titleholders are registered on that land, is proved, and the following land has been directly proved by the process or content of the clans, as well as the relationship between the registered titleholder and the clans, and multiple registered titleholders.