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(영문) 부산지방법원동부지원 2019.11.27 2019가합103286
부당이득금
Text

1. As to Defendant C’s KRW 115,90,00 for Plaintiff A, and KRW 134,100,000 for Plaintiff B and each of the said money, June 5, 2019.

Reasons

1. Facts of recognition;

A. On September 30, 2015, Plaintiff A, a sales contract prepared between the Plaintiffs and E, prepared a sales contract with respect to the purchase price of KRW 115,900,000 with respect to the fixed forest land owned by the instant clan, which is KRW 17,346 square meters (hereinafter “one forest land”) with respect to the Gosung-gun, Gosung-gun, which is the representative of the instant clan (hereinafter “instant clan”), and completed the registration of ownership transfer with respect to the said forest land on October 13, 2015. On September 30, 2015, Plaintiff B completed the registration of ownership transfer with the E, who is the representative of the instant clan on September 30, 2015, with regard to the sale price of KRW 134,100,054 square meters (hereinafter “two forest land”). As to the forest land owned by the instant clan, Plaintiff B completed the registration of ownership transfer with respect to the said forest land on October 13, 2015.

(hereinafter referred to as “each of the instant sales contracts” in total with the Plaintiffs and E, and the sum of the forests and fields Nos. 1 and 2 shall be referred to as “each of the instant forests and fields.”

1) The clan of this case was divided into the preservation strike, which claims that I, the descendants of H, as the co-owners of this case, should be recognized as the first group, and that J should not be recognized as the second group, and on February 23, 2010, the preservation strike was decided to appoint K as the chairperson, and L as the non-maintenance strike. 2) On February 6, 2012, the preservation strike, the representative of which is K, was decided to appoint E as the chairperson on February 6, 2012. Each of the sales contracts of this case was prepared with the plaintiffs by stating that E, the chairperson of the preservation strike, is the representative of the clan of this case.

C. On October 28, 2016, “A” had the intent to forge the resolution of the special clan of this case in order to sell each forest of this case owned by the clan of this case. On June 8, 2015, M, N,O, P, Q, Q, R, L, L, T, U,V, and W forged one copy of the resolution of the special clan of this case in the name of M, N, P, Q, L, L, T, U,V, and W. As above, one copy of the forged resolution is against the Plaintiffs.

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