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(영문) 수원지방법원 2014.10.14 2013가합28912

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The owner and the relative are indicated as “the State” and “D” in the forest survey division of 12,92 square meters of C forest land (hereinafter “the instant forest,” and “Uri-gun C” before the land registration and administrative district change.

B. The G of Gyeonggi-do public notice of the Do governor of the Joseondo, published in Ein Gyeonggi-do, shall incorporate the instant forest into a reserved forest pursuant to Article 1 of the Forestry Decree. At the time of incorporation into a reserved forest, the owner of the instant forest is indicated as “I” as “I” in Suwon-gun H.

C. The plaintiff's prior domicile is "J of Suwon-gun, Suwon-gun," and died on September 15, 1934, and I inherited D independently in accordance with the Inheritance Act at the time of the death of the head of D, and K, the only son died on January 22, 1942 and succeeded to Australia and its property.

K died on June 21, 1982, and as his heir, wife L, son-Namnam M, son-M, and son-Nam succeeded to Australia, and L, M, and N (hereinafter “Plaintiffs, etc.”) succeeded to K in accordance with the Civil Act that was in force at the time of the inheritance of 3:3:2: 1 in proportion to 3:3 in proportion to 1.

With respect to the forest land of this case, each registration of transfer of ownership was made on April 25, 1969 under the name of theO on May 15, 1970 on the ground of sale as of April 25, 1969, on the ground of sale as of January 21, 2002 under the name of the defendant on December 10, 201, on September 3, 2009 under the name of the Gyeonggi-do Si Corporation on September 1, 2009.

In addition, on September 18, 2009, the Defendant received 481,89,730 won as compensation for the acquisition of the instant forest by consultation from the Gyeonggi-do Si Corporation.

E. The Plaintiff et al. asserted that they were the owners of the instant forest since they succeeded to the instant forest from the fleet. The Plaintiff et al. filed a lawsuit against the Suwon District Court 2012Da71240 against the Gyeonggi-do Si Forest Corporation seeking implementation of the procedure for the registration of ownership transfer based on the restoration of real name regarding the instant forest. However, the said court was the Plaintiff et al. from the fleet.