부당이득금반환 등
1. The Defendant’s KRW 100,000,000 as well as 5% per annum from January 28, 2014 to July 11, 2014 to the Plaintiff.
1. Basic facts
A. The plaintiff is a clan that is the joint ancestor of C Si Da's 19 years of age, and the defendant is the plaintiff's clan member.
B. (1) The real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is all the land substituted by 740 square meters from the land improvement project in Sungnam-si on October 20, 1975, and the land before replotting was assessed as G, H, and I’s three co-ownership (each 1/3 share) on April 24, 1974, and the registration of ownership was completed on December 24, 1981 on December 24, 1981, and thereafter, on April 30, 1974, the registration of ownership was completed on April 30, 1974.
(2) After July 29, 1993, the registration of ownership transfer was made in M’s name on the ground of the inheritance by agreement division on November 19, 1990 with respect to the above L’s portion on July 29, 1993. On November 26, 2002, the registration of ownership transfer was made in the name of the main body of the Gu on the ground of legacy on November 9, 2002.
(3) Accordingly, each of the instant real estate was owned by the Defendant, M, and Gu. Accordingly, each of the instant real estate was owned in proportion to one-third shares.
C. (1) On November 4, 1999, the Plaintiff filed a lawsuit against the Defendant, M, L, etc. seeking the implementation of the procedure for ownership transfer registration on the ground of termination of title trust with respect to each of the instant real estate, etc. (hereinafter “instant lawsuit”) with the Seoul District Court Branch Branch Branch Decision 99Gahap17348, which was sentenced on June 28, 2001 by the said court on the ground that the Plaintiff’s representative cannot be deemed a lawful representative at the time.
(2) In the appellate court of the instant lawsuit (Seoul High Court 2001Na45180), the Defendant recognized on April 23, 2002 the claim for the performance of the procedure for the registration of ownership transfer on the ground of the termination of title trust with respect to the one-third share of the Plaintiff’s each of the instant real estate, but “M, L, etc.” as the ownership of each of the instant real estate, M and L.