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(영문) 부산지방법원 2016.01.27 2015나4921
토지매도대금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added the following judgments as to the matters alleged in the court of first instance. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that, even if each of the instant real estates is not the personal property of the deceased, but the ownership of the clan to which the Plaintiff belongs, the sale price should be reverted to the Plaintiff, the representative of the said clan. Thus, the Defendant asserts that the Defendant is obligated to sell its share ownership to R and return the purchase price received from R as unjust enrichment.

Since the purchase price acquired by the disposal of a clan property belongs to the collective ownership of the members of the clan, and furthermore, not only the management and disposal of collective ownership but also the preservation activities pursuant to Article 276(1) of the Civil Act, it shall undergo a resolution of a clan general meeting pursuant to Article 276(1) of the Civil Act (see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010), the Plaintiff’s above assertion is without merit

3. Therefore, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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