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(영문) 수원지방법원 2017.08.22 2015가합68761
부당이득금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On December 9, 1918, the land indicated in the attached list No. 2 is real estate under the name of G, each of FFC 27 years of age on June 25, 1912, with respect to the real estate indicated in the attached list No. 2, and the real estate indicated in the attached list No. 3, the real estate is real estate under the name of G, each of FC 27 years of age on December 25, 1912.

B. Since then, according to the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Act No. 3094 of Dec. 31, 197, effective), each registration of ownership was completed on August 31, 1981 in the name of Defendant B, who is 29 years of age of FC on March 14, 1981, in the name of Defendant B, who is 29 years of age of FC on May 4, 197, in the name of Defendant C, who is H and FC 29 years of age, and in the name of Defendant C, who is 28 years of age of FC on May 4, 197, in the name of Defendant C and C on August 31, 1981.

C. Meanwhile, the registration of ownership transfer was completed on November 1, 2009 with respect to the area of 4,165 square meters of land E in the Sinsi-si, G, and K on November 11, 2009. The registration of ownership transfer was divided into the real estate listed in the attached Table 1 on January 20, 209 between I, J, and K on January 15, 2010, and among which the ownership was divided into the real estate listed in the attached Table 1 on January 15, 2010, the land of 93 square meters of land E was completed in J, K, and the land of 3,232 square meters of land in L, forest,

In addition, on June 28, 2001, Defendant D, who is FC 29 years of age on June 28, 2001, with respect to the shares of the network H (1/2) among the real estate listed in the attached list No. 2, the transfer registration was completed on June 9, 2001.

1. The Plaintiff is a clan that the Plaintiff owned the real estate listed in the separate sheet, which is FC 20 years of age, and among the possession of each real estate listed in the separate sheet, held in title trust with the net G G, wherein the Plaintiff was the Plaintiff’s member, and the Defendants succeeded to the status as the net G’s trustee on each real estate listed in the separate sheet, but Defendant B sold the real estate listed in the separate sheet No. 1 to I, J, and K for KRW 504,00,000, and thus, the Plaintiff is obligated to return the purchase price to the Plaintiff. In addition, the Plaintiff terminated the title trust with the Defendants by delivery of a duplicate of the instant complaint.

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