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(영문) 대구지방법원 2014.07.10 2013가합6135
부당이득금반환
Text

1. The Defendants: (a) KRW 400,000,000 for each Plaintiff and 5% per annum from April 13, 2009 to July 10, 2014.

Reasons

1. Basic facts

A. The plaintiff clan is a clan that is composed of the descendants of the plaintiff clan that is D 31 years old E and is composed of the descendants of the plaintiff clan, and the defendants are 34 years old and 35 years old and 35 years old.

B. The E’s grandchildren F was located every year, and the descendants were named “H” in the Daegu Northern-gu, Daegu-gu, in around 1956, in order to have them lead to their expulsions, and the land was registered for transfer of ownership in the name of C (Name B: I).

Defendant C completed registration of preservation of ownership in his name in relation to H building in 196. On June 17, 1996, Defendant C appears to be a clerical error in Q from the Jingu on the ground of the cancellation of title trust with respect to H building and site.

The registration of ownership transfer is completed in name.

C. Meanwhile, around 1957, F purchased K 102 square meters, L 1,101 square meters, M 2,486 square meters (hereinafter “instant real estate”) and thereafter registered the transfer of ownership in the name of “N” in the name of “H” in the process of computerization of the real estate register. Since then, N was erroneous in the process of computerization of the real estate register.

However, the Defendants filed a lawsuit against Defendant B to implement the procedure for the registration of ownership transfer against the Plaintiff for the completion of the prescriptive acquisition on the instant real estate (Seoul District Court 2008Kadan104892) and completed the registration of ownership transfer in the future on April 7, 2009, and sold the instant real estate to Nonparty B for KRW 400,000,000 on April 13, 2009, and completed the registration of ownership transfer in the future of Nonparty P on the same day.

E. On February 5, 2012, the Plaintiff’s clan opened an inaugural general meeting on February 5, 2012 and elected a representative.

F. Before the Plaintiff’s inaugural general meeting, the clan members have been engaged in clan activities every year, such as describing the gathering of clan members.

E took R as a school of learning before birth, and train many future generations, and now R is in Daegu North-gu S.

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