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(영문) 의정부지방법원 2014.02.07 2013가합3092
부당이득금반환등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

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, the title truster, as unjust enrichment, and each land listed in the separate sheet No. 2, is owned by the Plaintiff, and thus, seek confirmation thereon.

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 titleholder, including I, G and Defendant B is disputed, the existence of a clan, which has an organic organization to a certain extent at the time when the registered titleholder was registered, is proved.

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