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(영문) 서울중앙지방법원 2015.12.10 2015가합12517
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Nonparty B’s clan (hereinafter “the clan of this case”) is an organization naturally created by its descendants who set up the net C (No. D), and the net E, the Plaintiff’s spouse, was a clan member of the instant clan.

B. On October 8, 1913, with respect to F forest land 3,342 square meters (hereinafter “the instant forest”), registration of preservation of ownership (hereinafter “registration of preservation of ownership”) was completed in the name of Dong, the father of E on October 8, 1913, and on November 30, 1994 in accordance with the Act on Special Measures for the Registration, etc. of Transfer of Real Estate Ownership (hereinafter “the instant forest”).

C. On January 29, 2001, Nonparty Korea National Housing Corporation acquired the instant forest by consultation and paid 374,328,000 won to Defendant clans on February 6, 2001.

E, on November 25, 2004, under the premise that the instant clan was owned by E, the Daegu District Court 2004Gahap15434, the Defendant filed a lawsuit claiming return of unjust enrichment of KRW 315,780,000 for the expropriation compensation paid by the Korea National Housing Corporation. On November 8, 2005, the Defendant was sentenced to dismissal of E’s claim.

E appealed from the Daegu High Court Decision 2005Na10044 on November 25, 2005, but the dismissal of appeal was decided on April 6, 2007. On April 25, 2007, the appeal was filed by Supreme Court Decision 2007Da31235 on April 25, 2007, but the appeal was rendered by the Supreme Court Decision 2007Da31235 on August 23, 2007 (hereinafter the above judgment was referred to as “the judgment subject to reexamination”).

E. At the time of December 9, 2005, E filed a complaint with the non-party H, the general secretary of the clan of this case, and the non-party J, who was the former representative of the clan of this case, by forging and uttering private documents, or by scambling and uttering of private documents, and committing fraud, forging and uttering of private documents, and perjury, several times after they filed a complaint with the non-party H, I, J, and K. In addition, the District Prosecutors' Office of the Changwon District Prosecutors' Office (No. 9337) No. 2006, No. 9337, 2006, No. 2006, No. 18356, No. 15299, the Western District Prosecutors' Office of the Daegu District Prosecutors' Office (No. 2008, No. 17716, No. 2009, No. 24731, No. 2522, Dec. 2, 2011>

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