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(영문) 의정부지방법원 2016.10.19 2015가합50375
부당이득금
Text

1. The Defendants jointly share the amount of KRW 165,00,000 to Plaintiff A, and KRW 165,00,000 to Plaintiff B, and each of the said amounts.

Reasons

1. Basic facts

A. Defendant E-I’s clan (hereinafter “Defendant E-I’s clan”) is a clan similar organization whose members are those who lived in the Jdong-si from 1900 to 1950 among the descendants of H and I’s descendants of F 26 years old G and I’s descendants and their descendants.

B. The land in the Guri-si, K forest land 220 square meters (hereinafter “instant land”). Since Guri-si, the registration conversion and land category change have been made to Lba-si Lba-si, Guri-si (hereinafter “instant land”). It is the land owned by Defendant Sejong-do, who completed the registration of ownership transfer on March 29, 1985.

C. On March 27, 1991, Defendant C purchased the instant land from Defendant Jong-dong Association (hereinafter “the instant first sale”); and Defendant C completed the ownership transfer registration (hereinafter “the instant first transfer registration”) on March 29, 1991 as the receipt No. 13043 of the Dong-ri District Court’s receipt on March 29, 191.

On June 5, 2012, the Plaintiffs purchased 1/2 shares of each of the instant land from Defendant C in total of KRW 330,000,000 (hereinafter “the instant second sale”), and completed the ownership transfer registration (hereinafter “the instant second transfer registration”) as the receipt on June 27, 2012 by the Young-gu District Court registry office No. 14508, Jun. 27, 2012. At that time, the Plaintiffs paid the full purchase price to Defendant C.

E. However, on November 23, 2012, Defendant C filed a lawsuit against Defendant C seeking cancellation of the instant title transfer registration and the instant title transfer registration against the Plaintiffs, on the ground that Defendant D, at the time, as the representative of Defendant C’s branch, sold the instant land to Defendant C without going through a general meeting resolution.

F. In the foregoing case, Defendant D prepared a resolution of the board of directors in the form without the resolution of the board of directors or the general meeting of Defendant D’s clan and completed the registration of the transfer of ownership under Defendant C’s name on July 16, 2013, on the ground that Defendant C completed the registration of the transfer of ownership under this case’s 1.

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