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(영문) 대전지방법원 2021.01.13 2019가합109326
부당이득금
Text

All of the plaintiffs' claims against the defendant are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. The deceased F (hereinafter “the Deceased”) established G, H, I, and J under the chain and died on December 29, 1962.

In addition, H had seven children under the chain and died on July 31, 1985, and the defendant is the head of H (in the case of the death of the family without the male who will succeed to the family head, G was adopted at the post of G as a satisfaction compensation), and the plaintiff C is the spouse of K (the death of June 5, 2016) with the three other children of H, and the plaintiff A, B, and D are children between K and the plaintiff C.

B. In around 1919, the Deceased: (a) was subject to the assessment of the Special Measures Act on the Registration, etc. of Transfer of Ownership of Forest Land (Act No. 2111, hereinafter “former Special Measures Act”) on August 4, 1970, the Defendant completed the preservation of ownership of the forest of this case pursuant to the former Special Measures Act on the Registration, etc. of Transfer of Ownership of Forest Land (Act No. 2111, hereinafter “former Special Measures Act”).

(c)

From May 16, 2011 to July 5, 2019, the Defendant divided and transferred all of the Plaintiff’s shares in the instant forest to N, etc. for gift or sale, and completed the registration of the transfer.

[Grounds for recognition] Gap evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply), 8, Eul evidence Nos. 7, 9, 10 through 12, and the purport of the whole pleadings

2. The summary of the plaintiffs' assertion was originally entrusted to the defendant as the owner of the deceased, and the title trust relationship was inherited by inheritance shares to the plaintiffs, the heir of K, following the death in the order of the deceased, H, and K.

In this regard, the Defendant, a trustee, obtained profits from disposing of the forest of this case, and the Plaintiffs suffered losses from loss of public land. Thus, the Defendant is obligated to return the amount equivalent to the Plaintiffs’ inheritance shares out of the market price of the forest of this case to the Plaintiffs.

Accordingly, as part of the claim against the Defendant, the Plaintiffs C is KRW 98 million, and the remainder.

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