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(영문) 인천지방법원 2021.03.09 2020가단13327

부당이득금반환

Text

The Plaintiff

A. Defendant C is 5% per annum from June 30, 2020 to March 9, 2021, and the following:

Reasons

1. Basic facts

A. The non-party D clan (hereinafter referred to as the "non-party D clan") is a clan in which the non-party D's 26 years old members of the Si F of E clan are the joint ancestor.

On February 27, 1927, the non-party clan purchased H H 4360.5 square meters (hereinafter “the instant land”) on or around February 27, 1927, and completed the registration of the transfer of ownership in the joint name of Non-party I and four persons (J, K, L, and M) who are the members of the non-party clan on May 23, 1927.

The network N (hereinafter referred to as the “N”) is a member of the non-party clan, who is one of the trustees of the land in the name of the non-party clan.

B. On March 1, 1948, Nonparty 1 (O) purchased 1210/2190 shares of the instant land from Nonparty 1’s clan (hereinafter “the instant land portion”) and completed the registration of transfer of ownership in the name of O on May 30, 1949.

On March 26, 2018, the ownership of the instant land was transferred to the Plaintiff on August 18, 1976 due to the inheritance by division of the Plaintiff’s agreement.

(c)

N has been managing the land of this case as a member of the clan of the non-party clan, and the defendant C paid N from the year 1998 to the year 2016 a.m. 13 Ga (1Gama 80km) a monthly rent from N, and cultivated rice by leasing the land of this case.

(d)

N died on October 8, 2019.

Defendant B as N’s child, is one of the four successors (P, Q, B, and R).

[Grounds for Recognition] Uncontentious Facts, Gap 1-7 evidence, Eul 1-1 evidence, the purport of the whole pleadings

2. The Plaintiff’s assertion is the owner of 1210/2190 shares of the instant land. N used the instant land without the Plaintiff’s permission from around around around around around around around around around around around around around around around around around around around around around around around around around around around around around 1973, Defendant C leased the instant land from N from around around around around around around around around around around around around around around 1998 to around 201. The Defendants obtained profits equivalent to the rent for the instant land without any legal ground and thereby suffered losses equivalent to the rent for the Plaintiff’s share of public land.

Accordingly, Defendant.