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(영문) 수원지방법원 평택지원 2018.11.07 2017가합10871
부당이득금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by C, the representative of the plaintiff.

Reasons

1. Basic facts

A. On May 30, 1925, the Plaintiff’s registration of ownership transfer in the name of 22 years of age F was completed on the ground of sale and purchase with respect to Pyeongtaek-si E forest land owned by D (hereinafter “instant land”). The registration of ownership transfer in the name of G, the president of F on December 29, 1966, was completed on the ground of inheritance. The registration of ownership transfer was completed on April 2, 1990, under the name of the Defendant, the south of G, the head of G on April 2, 1990.

B. On April 11, 2016, the Defendant sold 9,116/116 shares in the instant land to the H District Housing Association at KRW 11,101,760,000, and on May 12, 2016, the ownership transfer registration under the name of the H District Housing Association was completed.

C. The Plaintiff’s representative C and the auditor I are the children of J, two South-year-old 22 years of age F, and the General K is four South-year L.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1 through 7, Eul evidence 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

가. 원고의 주장 M파(M派)는 중시조인 N의 현손(玄孫) 代에서 21개 파로 분류하였는데 그 중 현존하는 15개 파가 속하는 종중이고, 원고는 M의 후손 중 20세손 O를 시조로 하여 그 후손들로 구성된 종중이다.

The instant land is the land owned and managed by the Plaintiff through title trust to the Defendant of the 24-year-old grandchildren, i.e., e., the 22-year-old grandchildren F, i.e., the 23-year-old grandchildren.

However, on April 11, 2016, the Defendant sold the instant land in KRW 11,101,760,000 to the H District Housing Association. The Defendant is obligated to return the amount equivalent to the purchase price of the said land to the Plaintiff as unjust enrichment.

The plaintiff seeks payment of KRW 500 million as an explicit claim to the defendant.

B. A clan of its unique meaning, among the descendants of the defendant's dispute M&M, which is a joint set of 20-year-old members, has not been an executive such as the president of a clan for a long time, and has not been engaged in activities as a clan, such as not within the Si system.

A part of a plaintiff's members shall bring an action around 2017.

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