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(영문) 의정부지방법원 2017.02.03 2016가합50297
부당이득금반환
Text

1. The Defendants are able to claim to the Plaintiff for the payment of deposit money as stated in the separate sheet of deposit.

Reasons

1. Facts of recognition;

A. The Plaintiff’s clan is a group formed with the purpose of protecting the graves, maintaining the tombstones, and promoting friendship among the members of the clan by making the G 12-year-old H as a joint group of his descendants, among his descendants, for the purpose of promoting friendship among the members of the clans.

B. On January 20, 1958, the Plaintiff’s family members K (name L), M (name N), M (name P), Q (name R) was registered under the name of the Plaintiff’s family members for the reason of the trade on January 20, 1958 with respect to the land before the instant subdivision (hereinafter “the land before the instant subdivision”).

(hereinafter referred to as "four persons, such as K". (c)

On or around February 17, 1995, the above K died, and the non-party S transferred his share due to the inheritance by agreement division. The above M died on or around December 31, 2008, and the defendant C transferred his share due to the inheritance by agreement division. The aboveO died on or around November 19, 192, and the defendant B was transferred his share due to the inheritance by agreement division. The above Q died on or around December 8, 2001, and the non-party C was transferred its share due to the inheritance by agreement division. The non-party C died on or around March 17, 2006, and the defendant D and F was transferred its share due to the inheritance.

On the other hand, on December 17, 1994, the land prior to the instant subdivision was divided into U.S. land with 2035 square meters in Gu Government. On June 4, 2004, the said U’s land was divided into 522 square meters in Gu Government-si, Gu Government, and on April 12, 2005, 518 square meters in Gu Government-si.

(hereinafter referred to as "per parcel number" shall be indicated only on each parcel number.

J: (a) On January 27, 2005, the land was incorporated into “X,” and was acquired through consultation with the Government on January 27, 2005; (b) on July 27, 2010, the decision of repurchase was made with respect to the change of the project implementer and the change of the management plan; and (c) on March 3, 201, the registration of repurchase was completed in the name of four heirs, including K, etc.

F. U.S. 1095 square meters, V. 422 square meters, and W. 518 square meters (hereinafter “each of the instant land”).

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