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(영문) 청주지방법원제천지원 2020.02.06 2019가합10432

부당이득금

Text

1.(a)

The Plaintiff (Counterclaim Defendant) A, the Defendant (Counterclaim Plaintiff), KRW 13,437,219, Defendant (Counterclaim Plaintiff) E, Defendant F, G, and H, respectively.

Reasons

1. Basic facts

A. On February 27, 2012, I and J completed the registration of ownership transfer with respect to each 1/2 share of K forest land 54,270 square meters (hereinafter “Before partition”).

B. On August 6, 2014, I entrusted L with the title of one-half of one-half of one-half of one-half of one-half of one-half of one-half of the lands before subdivision, and completed the registration of ownership transfer for reasons of sale on June 16, 2014.

C. On August 14, 2014, M Co., Ltd. (hereinafter “M”) entered into a sales contract with L, J, M to purchase KRW 500,000,000 prior to subdivision from L and J (hereinafter “instant sales contract”). D.

M transferred each of the total purchase cost of KRW 50,00,000 on August 14, 2014, KRW 107,925,751 on October 8, 2015, and KRW 36,90,00 on October 8, 2015 to the seller as the purchase price under the instant sales contract.

Of the above amounts, the amount that can be assessed as having been paid to L was KRW 115,862,875, and the actual amount ( KRW 115,862,875) was reverted to L, a title truster, not L, a title trustee.

E. Meanwhile, on April 8, 2015, the land before subdivision was divided into 27,135 square meters of K forest land (hereinafter “K”) and 27,135 square meters of N forest land (hereinafter “N land”).

Lon April 23, 2015, with respect to 1/2 shares of JJ among K land, and J completed each registration of ownership transfer based on the partition of co-owned property on April 20, 2015 with respect to 1/2 shares of L among N land on the same day.

L is therefore a single owner of K land and J is a single owner of N land.

F. L L is against J on March 3, 2016.

The partition of co-owned property in port was filed on April 23, 2015 on the ground that the J arbitrarily affixed L seal and applied for partition without agreement with L. Thus, on the ground that the partition of co-owned property in port was null and void, a lawsuit was filed to seek cancellation of ownership transfer registration (U.S. District Court 2016Kadan205976) with respect to N's 1/2 share in N land.

L died on May 19, 2016 during the process of the instant case, and the plaintiffs taken over the lawsuit.

The above court on January 1, 2017