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(영문) 수원지방법원 2014.01.16 2013가합8581
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The network H had the network I and the network J, and the network I had the network K and the network L, and the network K and the Defendant B and the network L had the Defendant C, D, E, F, and G as their children.

On the other hand, the network J was composed of the network M and the network N, and the plaintiff is one of the children of the network M.

B. On October 19, 1966, the network N was completed registration of ownership transfer on October 10, 1966, with respect to the above land divided into 25,190 square meters of PP land (the above forest was divided into 8,037 square meters of P forest, Q2 forest, 17,153 square meters on April 26, 1979; hereinafter the same shall apply) and 4,958 square meters of RP forest. On December 19, 196, the network N completed the registration of ownership transfer on October 10, 196 with respect to the above forest on the ground that it was sold by the Defendant and the Defendant on December 31, 1974, MM was divided into 17,153 square meters of P forest land (the above forest was divided into 8,037 square meters of P forest, Q200 square meters of land). The registration of ownership transfer was made on December 31, 1974.

C. Meanwhile, on August 1, 1978, 4,958 square meters of R forest land were completed to S, and on May 11, 1979, 8,037 square meters of P forest land were completed to Korea Electric Power Co., Ltd.

The deceased L was killed on June 5, 1982, and on August 7, 1990, Defendant C completed the share transfer registration on June 5, 1982 with respect to 1/3 of the instant forest land due to inheritance due to the consultation and division on June 5, 1982, and on February 27, 2007, the deceased M completed the share transfer registration on February 23, 2007 with respect to 1/6 of the instant forest land on the Plaintiff.

E. In addition, the deceased M was killed on October 11, 2009, and the defendant C terminated on March 3, 2010 with respect to each of the shares 1/12 out of the instant forest land to Defendant D, F, G, and E on March 3, 2010.

F. Meanwhile, on December 31, 2013, the Korea Western Development Co., Ltd. (hereinafter “Korea Western Development”) owns the shares of Defendant B (1/3 shares in the forest of this case) and Defendant D, E, F, and G on January 8, 2013, respectively.

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