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(영문) 춘천지방법원 영월지원 2018.02.22 2017가합10482
부당이득금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership transfer was completed with respect to each of the following real estate owned by the network D, as indicated below, as to each of the following real estate (as the location is located in the unit E, the number of each of the instant real estate below is indicated; hereinafter “each of the instant real estate”).

On February 20, 191, the date of indication of real estate (based on the date of registration) registration (based on the title of F forest Nos. 1F 8,727 square meters (based on January 13, 1991), Defendant B (1/2 equity) I (based on October 15, 1985), Defendant B (based on March 27, 201), Defendant B (based on March 27, 201), 3J 3,098 square meters (based on the ownership of I/2 equity) (hereinafter “instant land”), and Defendant B (based on the ownership of B/3,098 square meters prior to the purchase and sale of shares) on March 9, 191 (based on the ownership of the instant land), Defendant B (based on the ownership of B/3,098 square meters prior to the purchase and sale of shares) owned on March 23, 2015 (hereinafter “instant land”).

B. On March 29, 2013, the instant maintenance foundation completed the registration of the right to claim ownership transfer based on the pre-sale agreement as of March 27, 2013 with respect to the real estate Nos. 2 and 3 of the said table on March 29, 2013. However, on February 15, 2016, the provisional registration on the three real estate (the instant land) was cancelled.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 6, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was donated from the network D, and the Defendant B, who was entrusted with the name of the instant land by the Plaintiff, sold it at will to L, and in the process, the instant maintenance foundation cancelled the provisional registration established on the said land, and the land sale price was deposited into the account of the Defendant C local council (hereinafter “Defendant C local council”).

Therefore, the Defendants shall return to the Plaintiff the land value at the time of sale or the unjust enrichment equivalent to the purchase price.

3. Judgment on the main defense of this case

A. The Defendants asserted that they did not have standing to sue exist at the time of donation of each of the instant real estate asserted by the Plaintiff.

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