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(영문) 대전지방법원 2014.09.04 2013가합9684
부당이득반환
Text

1. The Plaintiff, among the deposit claims listed in the attached Table 2 list, Defendant B, C, andO shares of 1/12, Defendant D, and E, respectively. 1/4.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet Nos. 1 and 2 of the attached list Nos. 1 (hereinafter referred to as the "real estate listed in the separate sheet No. 1") was registered in the name of the Plaintiff clan on Sep. 25, 1993 (Real Estate No. 1) and July 19, 196 (Real Estate No. 2) after the Plaintiff’s clan terminated the title trust on June 17, 1990. However, on February 7, 2007, the registration of change of representative was made from P to Q, and the registration of transfer was made to Defendant Daejeon Metropolitan City (hereinafter referred to as the "Defendant Substitute War") on the same day on the grounds of an agreement.

Q, after submitting a resolution on the receipt of compensation and the change of the name of representative to the Daejeon Metropolitan City Mayor, received on February 15, 2007 compensation KRW 538,349,000 as Q, R, Defendant D and E’s joint account (hereinafter “instant account”).

B. On January 26, 1978, the real estate mentioned in paragraph (3) was registered for ownership transfer in the name of S, T, and U. On December 30, 1985, the third share of T was registered for Defendant D on December 30, 1985, and the share of S was registered for Defendant F on February 1, 2007 for each property inheritance.

On December 28, 2006 (Defendant D), January 10, 2007 (U), and February 1, 2007 (Defendant F) each of the Defendant 1, 2007, with respect to 1/3 of the shares of Defendant D, F, and U, the ownership transfer registration was made on the ground of the acquisition of the land for public use in the process of negotiations. On January 10, 207, the Defendant Grand War paid KRW 53,086,230 to Defendant D on January 10, 207, KRW 53,084,930, and KRW 53,086,230 to U on January 12, 2007 as compensation for the acquisition of the land for consultation.

C. On May 24, 2002, the registration of ownership transfer was made to Defendant G on the grounds of sale on May 20, 2002 on the grounds of the cancellation of title trust on June 17, 1990 with respect to the real estate stated in paragraphs 4 through 6, and the registration of ownership transfer was made on April 29, 201 on the grounds of sale on May 20, 2002.

V was elected at the Assembly of June 17, 1990 by the representative of the Plaintiff clan, and P thereafter.

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