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(영문) 수원지방법원 2017.07.14 2017가합10445
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 small spawn and C’s 14 years of age and D’s 4 years of age as a joint line, which were created for the purpose of protecting a grave of the fleet, spawn, and promoting friendship among the spawn and spawn.

B. On November 7, 1969, the Plaintiff purchased 1/4 shares of E Forest No. 14,435 square meters, and on August 24, 1981, the remaining 3/4 shares of the above forest No. 3/4 shares and registered the ownership transfer of the above forest No. 13,964 square meters. The above forest No. 13,964 square meters was registered on November 27, 2008, and was divided as shown below.

On November 27, 2008, division on December 10, 2009 and July 2, 2010, 2010, G forest of 13,964m2,64m G forest of 11,320m2,64m2,64m2, G forest of 11,320m2,95m2,325m2, 1 forest of 2,640m2,640m2,640m2, and J forest of 355m2,640m2,000 m2,640m2,000m2,00

C. On August 23, 2010, the Plaintiff sold to K for KRW 3.6 billion the amount of KRW 2,95 square meters of Y forest G, 2,640 square meters of H forest, and 355 square meters of J forest, which was registered for the transfer of ownership as to each of the above real estate.

On November 22, 2010, K completed the registration of the establishment of a mortgage and the registration of the creation of a superficies with respect to the amount of 2,640 square meters of H forests and 355 square meters of J forests and fields (hereinafter collectively referred to as the “each of the instant real estates”) in Yeongdeungpo-gu, Young-gu, the Defendant: (a) the maximum debt amount of which is KRW 1140,000,000; and (b) the debtor K as a debtor.

E. On December 3, 2013, the Defendant applied for voluntary auction procedure to Suwon District Court L with respect to each of the instant real estate (hereinafter “instant auction procedure”), and completed the registration of transfer of ownership on each of the instant real estate by winning that real estate M in the said voluntary auction procedure, and M completed the registration of transfer on May 19, 2015 with respect to the relevant real estate on the ground of trust.

F. Meanwhile, the Plaintiff’s resolution of the clan at the time of selling each of the instant real estate to K is null and void since it was made in the state of excluding the participation of female clan members, and thus, the Defendant’s registration of ownership transfer and its base have been made.

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