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(영문) 서울고등법원 2014.11.07 2014나14124
부당이득금반환등
Text

1. The plaintiff's appeal and the changed plaintiff's claim that are exchanged in the court room are all dismissed.

2...

Reasons

1. Basic facts

A. The plaintiff is a clan consisting of descendants of Dmilitary E.

F, G, H, and Defendant B are 6th degree simple with E’s descendants, I are F’s children, and Defendant C is G’s children.

B. The registration of ownership transfer was completed on March 26, 1970 with respect to each of the lands listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the lands of this case”) on March 26, 1970 on March 14, 1970.

Of each of the instant lands, the ownership transfer registration was completed on November 20, 2007 or May 25, 2012 to Defendant C on February 5, 1979 due to the inheritance of property due to the consultation division.

C. On June 14, 2012, I and the Defendants sold each land listed in the separate sheet No. 1 to J, and on June 22, 2012, the transfer registration for ownership of each land listed in the separate sheet No. 1 was completed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4-1 to 6, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff purchased each of the instant lands in around 1970 for the purpose of gathering the Plaintiff’s memorial services, including entering the Plaintiff’s market, and held title trust with I, G and Defendant B. The shares in G were transferred to Defendant C.

However, since I and the Defendants sold each land listed in the separate sheet No. 1 to J, the Defendants are obligated to return the purchase price to the Plaintiff as unjust enrichment, and the Defendants are obligated to implement the procedure for ownership transfer registration due to the termination of title trust with respect to each land listed in the separate sheet No. 2.

B. On the premise of determining the Plaintiff’s assertion, first of all, in the case where the issue of title trust on a parcel of land between the registered titleholders, including I, G, and Defendant B is disputed, the Plaintiff has an organic organization to a certain extent at the time the registered titleholders have completed the registration on the land.

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