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(영문) 대전지방법원 2015.10.28 2014가합108267
부당이득반환 청구의 소
Text

1. The Defendant’s KRW 58,751,200 as well as 5% per annum from May 13, 201 to December 8, 2014 to the Plaintiff.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

(a) The facts subsequent to the facts of recognition do not conflict between the parties, or may be recognized by taking into account each entry in Gap evidence 1 to 4 (including each number in case of a tentative number) and the whole purport of the pleadings:

1) The defendant's clan B on May 24, 2002 (hereinafter "non-permanent clan") shall be a clan.

2) The part of each of the instant lands is 417 square meters prior to Daejeon-gu, Daejeon-gu, Daejeon-gu, D, 1,031 square meters prior to D, and 3,604 square meters prior to E (hereinafter “each of the instant lands”).

(2) On May 18, 201, the Plaintiff entered into a contract with the Defendant to purchase each of the instant land from the Defendant (hereinafter “instant sales contract”) and completed the registration of ownership transfer for the instant land on the 29th of the same month, and on May 12, 2011, the Plaintiff paid the Defendant the full payment.

3. However, on November 28, 2013, Nonparty clan filed a lawsuit against the Defendant and the Plaintiff, etc. against Daejeon District Court by asserting that the registration of ownership transfer in the name of the Defendant and the Plaintiff should be cancelled as a cause invalidation. On September 4, 2014, the above court rendered a judgment ordering the Defendant and the Plaintiff to implement the procedure for cancellation of each ownership transfer registration completed in the name of each of the instant land, on the ground that the registration of ownership transfer in the name of the Defendant was completed without undergoing lawful procedures in accordance with the resolution of the Nonparty clan, and the registration of ownership transfer in the name of the Plaintiff, which was completed based thereon, is invalid.

The Defendant appealed from Daejeon High Court Decision 2014Na13219, but on June 22, 2015, rendered a judgment dismissing an appeal from the above court. On July 10, 2015, the above judgment became final and conclusive on July 10, 2015 between the above clan clan and the Defendant.

(b).

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