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(영문) 의정부지방법원고양지원 2015.05.15 2014가합51336
토지보상금지급
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs, the defendant, and the non-party F were children of the network G (hereinafter "the deceased"), and the deceased died on February 26, 1990.

B. On January 12, 1972, Defendant, Nonparty H, and Nonparty I completed the registration of ownership transfer for each of 1/3 shares of JJ forest 6,050 square meters (hereinafter “instant forest”).

C. Of the instant forest land, the Defendant’s share was completed on April 12, 2013 with respect to the Korea Land and Housing Corporation on the ground of the acquisition of public land by consultation, and the Defendant received KRW 461,84,040 (compensation 514,922,220- Transfer Income Tax 53,078,180) from the tax deduction on April 29, 2013.

Meanwhile, on September 10, 2013, the Defendant paid KRW 20,000,000 to Plaintiff A, B, and D respectively, and KRW 30,00,000 to Plaintiff C on October 16, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 3 and 4, the purport of the whole pleadings

2. The parties' assertion

A. Of the forest land of this case, 1/3 shares among the plaintiffs shall be donated at an equal rate to the plaintiffs, the defendants, and F, who are their children after the deceased purchased them, but only the registration title shall be limited to the defendant's sole name that became adult and thus, the plaintiffs shall be deemed to have held title trust with respect to the shares of the plaintiffs to

Therefore, even though the Defendant received KRW 461,844,00 from the Defendant as the compensation for the expropriation of 1/3 shares of the instant forest, each of the KRW 76,974,00 ( KRW 461,844,040 x 1/6) to the Plaintiffs and F, the Defendant paid KRW 20,000 to the Plaintiffs A, B, and D respectively, and KRW 30,000,000 to the Plaintiff C, and thus, the Defendant is obligated to pay KRW 56,974,00 and delay damages to the Plaintiff C, respectively. If a title trust relationship between the Plaintiffs and the Defendant is not recognized, the Defendant agreed to equally distribute the above compensation to the Plaintiffs, but agreed to equally distribute it to the Plaintiffs.

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