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(영문) 울산지방법원 2014.05.15 2012가합5205
소유권이전등기 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion

A. The status of the parties is that the plaintiff is a clan consisting of the descendants of G 14 years old who are the descendants of the H, and the defendants are the members of the above clan.

B. The real estate stated in paragraphs (1) through (4) of the attached list 1 is originally owned by the plaintiff. Since around 1921, G 18 years old, the circumstances were made in the name of G 18 years old, and around July 29, 1970, the plaintiff was entrusted under the name of J, and the defendant B and C taken over the status of the trustee as to the shares as stated in the attached list 1 to 4.2) The plaintiff clan's "family union" purchased the real estate listed in paragraph (5) of the attached list 5 of the attached list, along with the rhife house, and purchased the real estate listed in paragraph (5) of the attached list 1 to 1/2 shares of the above real estate, the title trust was made to the defendant B and K, and the defendant D followed followed the procedure for the registration of ownership transfer as to the shares of the above real estate from K.

3) The Plaintiff purchased the real estate listed in the separate sheet No. 6, and held title trust with Defendant B, K, and Defendant E as to each one-third share of the above real estate. Defendant D subsequently received the registration procedure for ownership transfer with respect to one-third share of the above real estate from K. Accordingly, the Plaintiff seeks implementation of the registration procedure for ownership transfer based on the termination of title trust with respect to the date of delivery of a copy of the complaint of this case, as stated in the primary claim No. 4).

5) Defendant B, C, and F sold 10,277 square meters of L tree land in Yangnam-gun, Yangsan-gun, the Plaintiff owned, and received 22,095,550 won. Of which they did not return KRW 6,635,50. Accordingly, Defendant B, C, and F are obligated to pay KRW 6,635,550 to each of the Plaintiff for unjust enrichment or damages. Accordingly, Defendant C was granted KRW 40 million from the Flue Saemaul Bank as security, and Defendant D was granted KRW 80 million from the Flue Saemaul Bank as security, and KRW 50 million from the Flue Saemaul Bank as security, respectively. Defendant C was granted KRW 40,000,000 from the Plaintiff, Defendant C, and Defendant D’s KRW 8,550,000,000,000 from each of the real estate listed in the attached list No. 1 and 3.

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