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(영문) 의정부지방법원 2015.05.21 2014가합4450
소유권이전등기 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the representative E.

Reasons

1. Presumed factual basis

A. The Plaintiff is a clan that is a joint ancestor that is 14 years of age in F. G with its 14 years of age.

B. On June 24, 1974, the registration of transfer of ownership in the name of Defendant B, C, network H, and network I was completed with respect to each one-fourth share of the land listed in the separate sheet (hereinafter “instant land”).

C. On December 7, 2007, the registration of transfer of ownership in the name of Defendant D was completed on December 7, 2007 with respect to one-fourths of one-fourths of each net H among the lands listed in the attached list 1 through 6.

Attached Form

On May 14, 2013, the registration of transfer of ownership in the name of the Korea Land and Housing Corporation on the land listed in the list 4 through 6 was completed. Of the land listed in the list 7, the registration of transfer of ownership in the name of the Nam-si, Nam-si was completed for each of the 1/4 shares in the name of Defendant B, C, and networks H on the land listed in the list 7.

[Reasons for Recognition] Unsatisfy, Gap 2, 4, 5 (including virtual numbers), the purport of the whole pleadings

2. Judgment on the main defense of this case

A. On June 22, 1974, the Plaintiff asserted that the Plaintiff purchased the instant land and entrusted the title thereof to Defendant B, C, the network H, and the network I. The Plaintiff terminated the title trust agreement on the land indicated in the attached Table 1 through (3) with the delivery of a duplicate of the instant complaint. As such, the Defendants are obligated to implement the registration procedure for ownership transfer based on the termination of title trust on the said land. The Defendants did not return the same to the Plaintiff even after receiving compensation from the Korea Land and Housing Corporation and the Namyang-si as to the land listed in the attached Table 4 through (7). As the Defendants did not return it to the Plaintiff, the Defendants are obligated to pay the Plaintiff KRW 200,000,00, respectively, as part of unjust enrichment. 2) The Plaintiff asserted by Defendant C solely as a subordinate organization for the filing of the instant lawsuit or the receipt of compensation.

In addition, E is not more than the General Assembly of the clan of April 28, 2013, which elected E as the chairperson of the plaintiff.

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