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1. The Plaintiff:
A. As to Defendant B’s KRW 68,916,90 and its amount from January 27, 2016
B. Defendant C is charged with KRW 17,855,100.
Reasons
1. Basic facts
A. On June 29, 1994, Defendant B completed the registration of ownership transfer on the ground of sale on March 5, 1983 with respect to H 1,293 square meters (hereinafter “instant land”).
B. On April 26, 1982, I completed the registration of transfer of ownership on the ground of sale on April 24, 1982 with respect to the land No. 1,167 square meters J-si, Sejong-si (hereinafter “instant land No. 2”).
C. The Korea Land Corporation: (a) expropriated each of the instant lands and completed the registration of ownership transfer on the ground of a consultation on the land for public use; (b) paid 68,916,900 won compensation for the instant land No. 1 to Defendant B on February 22, 2006; and (c) paid 65,468,70 won compensation for the instant land No. 2 on March 14, 2006 to I.
I died on July 23, 2014, and Defendant C is the spouse, Defendant D, E, F, and G of I.
[Ground of recognition] Unsatisfy, entry of Gap evidence 4-1, 2, and 5-2, fact-finding reply to the Korea Land and Housing Corporation, purport of the whole pleadings
2. The assertion and judgment
A. The parties' assertion (1) The plaintiff is a clan comprised of adult descendants among descendants who jointly set up the KC 21 years old L as the joint ancestor.
The Plaintiff trusted the instant land No. 1 to Defendant B, and the instant land No. 2 to I. .
Since each of the instant lands was expropriated in Korea Land Corporation, the title trust relationship with Defendant B and I was terminated.
Although Defendant B and I received compensation from the Korea Land Corporation, they did not return it to the Plaintiff.
Therefore, Defendant C, D, E, F, and G, the heir of Defendant B and I, are obligated to return unjust enrichment equivalent to the compensation.
(2) The plaintiff is only a clan similar organization in which some members of the defendant's clan are the members of the defendant's clan, not a clan.
In addition, each of the instant lands was acquired by Defendant B and I, not nominal trust from the Plaintiff.