beta
(영문) 의정부지방법원 2016.09.07 2015가합53169

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 Plaintiff is a clan similar organization whose members are those who resided in the Guri-si G from 1900 to 1950 among the descendants of E and F, who are children of C26 years of age D, and their descendants.

B. The land indicated in the attached list (hereinafter “instant forest”) was owned by the Plaintiff from March 29, 1985, and the Plaintiff used the instant forest as the Plaintiff’s mountain mountain.

C. On August 25, 2002, H, the representative of the Plaintiff, sold the instant forest in KRW 200 million to the Defendant (hereinafter “instant sales contract”); and in the sales contract formulated at the time, the content of the sales contract that, at the time, the Plaintiff’s representative, sold the instant forest in this case’s KRW 200 million to the Defendant to transfer the graveyard for the Plaintiff’s religious sc

Afterward, the Defendant paid a total of KRW 200 million from August 26, 2002 to November 4, 2002, and on November 28, 2002, the ownership transfer registration for the forest of this case was completed in the Defendant’s future.

Meanwhile, on August 26, 2011, the Korea Land and Housing Corporation entered into a land sale contract with the Defendant, who is a nominal owner on the register of the instant forest, to purchase the instant forest and public land from the Defendant for a total of KRW 548,291,730, including KRW 484,756,00 in the price of the instant forest and public land at Guri-si, and completed the registration of ownership transfer in the Korea Land and Housing Corporation on the ground of such contract, and thereafter the Defendant received the said purchase price from the Korea Land and Housing Corporation.

E. After that, the Plaintiff filed a lawsuit against the Defendant and the Korea Land and Housing Corporation on the premise that the Plaintiff is the owner of the instant forest on the premise that the Plaintiff is the Defendant and the Korea Land and Housing Corporation, seeking implementation of the procedures for registration of cancellation of ownership transfer registration completed in the future of the Defendant and the Korea Land and Housing Corporation. However, on June 16, 2015, the Korea Land and Housing Corporation did not know of the real landowner without negligence