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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Since around 1970, some executives, such as homeless officers, who had worked in the Army B (D unit) (hereinafter “the instant executives”), purchased a group of woodland located in Gyeonggi-gun E (F in the name of the Army D commander) in the name of the Army D branch of Korea (hereinafter “F”) and conducted a housing site creation project with the permission to create housing sites for the purpose of building housing sites under the name of the Gyeonggi-do D branch of the Army D branch of Korea (hereinafter “F”), the said forest was designated as a development-restricted zone on July 30, 1971 at the time of temporary suspension of the project and became impossible to develop housing sites.
B. The instant executives, around 1985, established the Defendant, and the instant executives decided to register the shares purchased under the name of the Defendant.
C. On June 4, 2007, the Plaintiff filed a lawsuit against the Defendant against the Seoul Central District Court 2007Kadan195489, stating that “The Defendant filed a lawsuit against the Plaintiff claiming that “The Plaintiff shall implement the procedure for the registration of ownership transfer on the ground of unjust enrichment on July 1, 1996 with respect to the land of 330.58 square meters out of 11,536 square meters of Gan-si Gan-si Gan
(hereinafter “instant lawsuit”) D.
The grounds for the claim of the instant lawsuit are as follows.
1) Of the instant executives, H, one of the instant executives, entered into a sales contract that pays KRW 300,000 with the purchase amount of 330.58 square meters of forest land. On December 5, 1970, KRW 150,000, and KRW 100,000 on January 20, 1970, and KRW 150,000 on January 20, 197, the Defendant paid the land purchase amount to the Defendant. Since the entire pertinent land was registered in the Defendant’s name, H was entrusted with the Defendant with the entire land of KRW 330.58 square meters. 2) Since one year has elapsed since the grace period stipulated in the Act on the Registration of Real Estate under Actual Titleholder’s Name, the Defendant was obligated to return the entire land to H for unjust enrichment.
3) The Plaintiff purchased 100 square meters (330.58 square meters) of equity from H around 1999.
E. On October 29, 2007, while the instant lawsuit was pending, between the Plaintiff and the Defendant, “the Defendant” refers to the Plaintiff as G forest land 11.