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(영문) 수원지방법원평택지원 2020.07.08 2020가단51240

부당이득금

Text

The Plaintiff

A. Defendant B’s KRW 22,195,960 as well as 5% per annum from February 22, 2014 to March 6, 2020, and the following:

Reasons

1. Basic facts

A. The Plaintiff clan, as a clan consisting of descendants of E, 55 years of age of D, held the title trust of each of the 1/8 shares among 575 square meters in Pyeongtaek-si F Miscellaneous, G 10,137 square meters in forests and fields, and 1,384 square meters in H, respectively (hereinafter “each of the instant lands”), around 1926.

B. Following the I's death on July 9, 1960, the Defendants succeeded to some of the above shares of I.

C. On June 29, 2010, the Plaintiff filed a claim for ownership transfer registration against some of the successors (J, K, L, M, N,O, P, Q, and R) of the remainder I except the Defendants, for a judgment on November 1, 2012, that “the above inheritors shall implement the procedure for ownership transfer registration for each of the inheritance shares of each of the instant land on August 12, 2011,” and the said judgment became final and conclusive on December 22, 2012.

On the other hand, the Korea Land and Housing Corporation accepted each of the instant land, and deposited KRW 302,845,290 of the Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) with I as a depositee on February 6, 2014 as the amount of KRW 597.

E. On February 21, 2014, Defendant B filed an application for the withdrawal of deposit money on behalf of Defendant C and J, K, L, M, and N (hereinafter “J, etc.”) for the part corresponding to the inheritance shares of Defendant C and J, K, L, M, and N (hereinafter “the above”), and Defendant B paid KRW 22,195,960 among the above expropriation compensation, and Defendant C paid KRW 22,395,960, respectively.

【Defendant C: A without dispute, entry in Gap evidence 1-14 (including each number), the purport of the whole pleadings, and the purport of the whole pleadings

2. According to the facts found in the judgment on the cause of the claim, the Defendants were obligated to implement the procedure for ownership transfer registration with respect to the shares in inheritance of each of the instant lands to the Plaintiff. However, each of the instant lands was expropriated in the Korea Land and Housing Corporation and is obliged to register ownership transfer.