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Reasons
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(영문) 창원지방법원밀양지원 2014.04.30 2013가단1299
부당이득금
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1. The Plaintiff (Counter-Defendant) is 472025/2100 of the forest land E, 21,521 square meters, among the forest land E, 21,521 square meters, both of the Defendant (Counter-Defendant) and B.

Reasons

1. Facts of recognition;

A. Defendant B’s clan (hereinafter “Defendant B’s clan”) was an organization established on May 12, 2007 by holding an inaugural general meeting on the organization established in order to commemorate the ice and achievements and to promote mutual friendship among the descendants of F’s 29-year-old G, H, I, and J as its regular members, and was appointed by the Plaintiff as the president of two-year-old term of office.

B. On July 26, 1948, the ownership transfer registration was completed in the name of K, L, A, and M in the name of K, L, and M on July 26, 1948.

On March 10, 2006, the Plaintiff sold 660/21521 of its own shares to KRW 30,000,000 among NM and completed the registration of ownership transfer.

K completed the registration of ownership transfer on October 20, 2006 with respect to the portion of 1/4 of the land in this case on the ground of donation to theO.

Defendant clan was granted a registration number for the registration of real estate from the Korea Military Service on May 15, 2007, and L and M completed the registration of ownership transfer to Defendant clan on April 21, 2008, respectively. O completed the registration of ownership transfer to Defendant clan on May 21, 2008.

C. On December 28, 2008, C et al. filed a complaint with the Changwon District Prosecutors' Office regarding the Plaintiff’s sale of 660/21521 of the instant land to KRW 30,00,000 among Class N in the N, etc.

On January 30, 2009, the Plaintiff remitted KRW 30,000,00 to the Defendant clan, and promised to return 472025/2100 of the land of this case, the Defendant clan revoked the above complaint, and the decision of dismissal was made on February 26, 2009.

On December 28, 2009, the Plaintiff entered into a written contract with the Defendant clan to donate 472025/2100 of the instant land among the instant land, but failed to comply therewith.

E. Defendant clan against the Plaintiff on December 2009, as to the portion of 472025/2100 of the instant land.

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