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(영문) 서울중앙지방법원 2018.05.02 2017나71699
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. On December 31, 1986, the Defendant completed the registration of transfer of ownership for reasons of sale on December 28, 1986 in the name of the Defendant with respect to F forest land 7,801 square meters (hereinafter “F forest in this case”) in the name of the Defendant prior to the partition, and completed the registration of transfer for reasons of sale on September 25, 1995 in the name of G on September 28, 1995.

(F) On the same day, H forest land 2,314 square meters and 3,008 square meters of I forest land were divided. (B)

In around 1995, the Defendant purchased D-do 1,757 square meters (hereinafter “instant D land”) and completed the registration of ownership transfer in the name of the Defendant. On April 24, 2013, the Defendant completed the registration of ownership transfer on the said land based on an agreement on the land for public use as of April 19, 2013 in the name of Songsan Industrial Complex Development Co., Ltd.

C. The defendant is the second male and female, and the plaintiff is the third male and female, and is the third male and female.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4 (including additional number), Eul evidence 1, the purport of the whole pleadings

2. The assertion;

A. Plaintiff 1) half of the purchase fund of the instant F forest was prepared through the management of the Plaintiff’s livestock industry. The Plaintiff trusted one-half of the above forest shares in title to the Defendant. The Plaintiff sold the instant F forest in 1995 was KRW 147,00,000,000, and the Plaintiff’s share of KRW 70,000,000, excluding taxes and expenses, and KRW 10,000,000, out of the remainder of the Plaintiff’s share of KRW 7/8,000, and the Defendant’s share of KRW 1/2,000,000. The Plaintiff entrusted the Defendant with the title of KRW 208,00,000 as compensation for the acquisition of public land of the instant land. Accordingly, the Defendant, as a title trustee of the instant land, was obligated to return the Plaintiff’s share of the Plaintiff’s share of KRW 18,00,000 to the Plaintiff, who is the title truster of the instant land.

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