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(영문) 수원지방법원 2014.09.05 2013가합6882
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts Gmph 9 years old H had A asia, 10 years old A asia, and 11 years old J as follows. The descendants of 11 years old J as follows:

(However, 15 years of age is omitted. J 112 K 12K 13 L MN 14 FOP (n) Q 14 FOP (n) T 20 (n) CDV (n) E / [based on recognition] Gap 4, 5 evidence (including number number; hereinafter the same shall apply), the purport of the entire pleadings

2. The plaintiff's assertion is a clan with Gmph 9 years old H as a joint ancestor, and its descendants are composed of its descendants, and the defendants are the members of the plaintiff.

Around June 20, 1961, K, the descendants of H, purchased the forests and fields listed in paragraph (1) of the attached Table on June 20, 1961, the forests and fields listed in paragraph (2) of the attached Table on September 1, 1972, the forests and fields listed in paragraph (2) of the attached Table on the attached Table, and around June 28, 1974, the forest and fields listed in paragraph (1) of the attached Table on 1,983 square meters (hereinafter collectively referred to as the “instant forests and fields”), and registered the title of the forest and fields listed in paragraph (1) of the attached Table on the next Table to the next-nam net M, which are the head of the Sinnam-do, in terms of the forests and fields listed in paragraph (2) of the attached Table, and in relation to X 1,983 square meters of the forests and fields listed in the attached Table on paragraph (2) of the attached Table to Defendant E, the south of the Sinnam-do.

The Plaintiff terminated each of the above title trust through the delivery of a duplicate of the instant complaint. As such, Defendant B, C, and D, the deceased M’s heir, are obligated to implement the registration procedure for ownership transfer on the respective 1/3 shares of forest land as stated in the attached Table No. 1, as to the respective 1/3 shares of forest land as stated in the attached Table No. 2, the Defendant F, B, and E, as to each of the forest land as listed in the

On the other hand, around June 24, 201, Defendant F, B, and E sold the price of KRW 420 million in the price of KRW 1983 square meters of X 1,983 square meters on the Changbu Co., Ltd. on the Changbu Co., Ltd.

As to the remaining 300 million won after deducting KRW 120 million used in the transaction procedures, such as capital gains tax, etc., among the above payments, Defendant F was arbitrarily divided the amount of KRW 20 million, and Defendant F, B, and E. Accordingly, Defendant F, B, and E was unjustly divided the amount of KRW 50 million, and each of the above amounts is unjust enrichment for the Plaintiff.

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