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(영문) 수원지방법원 2017.06.20 2016가합82498
부당이득금
Text

1. The defendant shall pay to each of the plaintiffs 200,000,000 won and 15% per annum from December 3, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The following grounds are met: (a) The registration of transfer of ownership of each real estate listed in the plaintiffs' list (attached Form 1); (1) the clan E, a clan that is a common vessel, comprised of D who is four years of age or older of C; (2) the clan

(2) On November 27, 2008, the said forests and fields were subject to registration conversion into 13,964 square meters of G forest land in Yeongdeungpo-gu, Young-gu, Gwangju-si, and divided into 2,644 square meters of G forest land (hereinafter “the forest before the instant partition”) and H forest land into 11,320 square meters on the same day.

On December 10, 2009, the area of H 11,320 square meters of H forests and fields in Yeongdeungpo-gu, the area was divided into 2,95 square meters of H forests and fields and 8,325 square meters of I forests and fields.

On July 2, 2010, the area of 8,325 square meters of I forest in Yeongdeungpo-gu in the above-si was once again divided into 2,640 square meters of I forest, J forest 5,330 square meters, and 355 square meters of K forest.

3) On December 26, 2008, the instant clan sold the forest land before the instant subdivision to L, and completed the registration of ownership transfer as to the said forest land by the Suwon District Court’s receipt No. 22158, Dec. 26, 2008. Meanwhile, on the other hand, on August 7, 2009, the forest land before the instant subdivision was changed from the forest land to its land site. 4) The Defendant awarded a successful bid for the said land in the public sale procedure with regard to the land size of 2,644 square meters in Yeongdeungpo-gu, Suwon District Court’s registration office (Seoul District Court’s receipt on September 3, 2013) and completed the registration of ownership transfer as the Suwon District Court’s registration number (1381066, Sept. 3, 2013).

5) On March 3, 2015, G 2,644 square meters in Yongsan-gu, G 219 square meters in G, M 219 square meters in M 219 square meters in M 219 square meters in M 219 square meters in M 219 square meters in M 219 square meters in M 218 square meters in P 218 square meters in Q 219 square meters in Q 219 square meters in R 218 square meters in R 218 square meters in S 218 square meters in M 218 square meters in T 218 square meters, U 218 square meters, and V 495 square meters in common (hereinafter the aforementioned divided land is referred to as “instant site”).

(6) On March 1, 2015, the Defendant sold each of the sites listed in the [Attachment] List 1 through 6 to Plaintiff A Co., Ltd. (hereinafter collectively referred to as “Plaintiff A”), and each of the instant sites listed in the [Attachment] List 7 through 12 to Plaintiff B, respectively, to the Plaintiff on March 1, 2015.

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