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(영문) 수원지방법원 2015.05.13 2014나43301
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The pertinent plaintiff is C's Chok, and the defendant is C's fraud.

B. On October 11, 1988, the registration of ownership transfer made on September 29, 1988 between the Defendant and E was completed on September 29, 198, respectively, with respect to one half of the 71,405 square meters of D forest (hereinafter “netal Forest”) in the Yancheon-si, Mancheon-si, Mancheon-si (hereinafter “Mancheon Forest”).

B) On October 22, 2010, the registration of ownership transfer was completed on September 17, 2010 with respect to the part of the Defendant’s share in net woodland 9,917, which is a part of the Defendant’s share. The registration of ownership transfer was completed on September 17, 2010 (the transaction value of KRW 9,900,000 on the register). On June 14, 2013, the registration of ownership transfer was completed on May 24, 2013 on May 24, 2013 (the transaction value of KRW 12,00,000 on the register) for one-half share in E’s entirety, on May 24, 2013.

The registration of ownership transfer was completed in H with respect to shares 4,298/126,942; on August 23, 1988, with respect to shares 126,942/126,947/126; on August 22, 198, with respect to shares 11,241/126,942 before J, the registration of ownership transfer was completed on August 22, 198; (b) on March 24, 2010, with respect to shares 11,241/126,942, which are all shares of J, 126,942; (c) on March 23, 2010, the registration of ownership transfer was completed on March 23, 2010 (the above transaction price of KRW 2,000,000; (d) on March 23, 201, on share 10/16,201,301.

[Ground of recognition] The facts without dispute, Gap evidence 2, Eul evidence 2, Eul evidence 2, each of the evidences (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The defendant's judgment on the main port of safety shall be without any legal ground in relation to the sale and purchase of the net forest and emulative forest.

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