부당이득금반환
1. The plaintiff's lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 22, 1977, the registration of ownership transfer was completed on the ground of partial co-ownership sale on December 28, 1976, with respect to each of the 45.75/549 square meters in Y, YY, YY, and Defendant B, which were owned by G on January 22, 197, as to each of the 45.75/549 square meters (hereinafter “instant land”). On August 22, 2000, the registration of ownership transfer was completed due to the confirmation of partition under the Act on Special Cases Concerning the Partition of Co-owned Land.
B. As Defendant C and D’s inheritance network E on the instant land died on or around March 23, 2008, on August 14, 2008, the deceased’s heir completed the registration of ownership transfer based on inheritance as to the net E’s 1/3 share out of the instant land. As the deceased on or around March 14, 2012, Defendant D, the heir, completed the registration of ownership transfer based on inheritance as to the net I’s 1/3 share out of the instant land on September 10, 201, and Defendant C, the heir, died on or around May 5, 201, completed the registration of ownership transfer due to inheritance as to the net E’s 1/3 share out of the instant land.
C. The Defendants, on June 3, 2014, sold the instant land to J for KRW 1.3 million, and J completed the registration of ownership transfer as to the instant land on July 3, 2014.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading
2. The parties' assertion
A. The Plaintiff’s assertion G donated the instant land to the Plaintiff as the site for the instant community hall. The Plaintiff was under title trust with the network E, network F, and Defendant B, who was a member of the Plaintiff, and Defendant C, C, D, and Defendant B, who succeeded to the network E, network F, voluntarily sold the land to J, the Defendants are obliged to pay to the Plaintiff money equivalent to the purchase price in accordance with the legal doctrine of return of unjust enrichment.
B. The defendants' assertion.