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(영문) 서울중앙지방법원 2019.06.11 2018가단5045387
부당이득금
Text

1. The Defendant’s KRW 151,325,100 among the Plaintiff and KRW 145,089,00 among the Plaintiff, shall be KRW 6,236,100 from December 7, 2017.

Reasons

1. Basic facts

A. The 9,672 square meters of Gangwon-gun Gowon-gun B forest land (hereinafter “the forest before the instant subdivision”) was the land under the name of the Defendant on January 20, 1916 under the Forestry Investigation Ordinance in the Japanese colonial era. The forest was registered by converting the area into 31,382 square meters on July 20, 1978. The forest before the instant subdivision was divided into B forest land 28,32 square meters and C road 3,060 square meters on December 28, 1984, and was divided into B forest land 1,615 square meters, D forest land 1,844 square meters on June 19, 1986 (hereinafter “D before the instant subdivision”), E14,863 square meters of forest and field.

B. After that, on April 16, 1978, the letter of guarantee stating that F guarantees that it is a de facto owner purchased from G from Apr. 16, 1978, the preservation registration under the name of F under the Act on Special Measures was completed on February 22, 198.

C. On February 20, 191, the forest land D before subdivision was divided into three lots of forest land listed in the separate sheet (hereinafter “instant real estate”) on March 14, 1991 after the registration of ownership transfer was completed on the ground of purchase on February 10, 1989 under the Plaintiff’s name on February 10, 191. The Defendant filed a lawsuit against F and the Plaintiff seeking the cancellation of F’s respective preservation registration in the name of F for the instant real estate and the registration of transfer under the Plaintiff’s name on May 16, 2002, on the ground that the letter of guarantee, which is the cause for registration of ownership preservation in the name of F for the instant real estate before subdivision, was false.

Accordingly, the following mediation was concluded between the Plaintiff and the Defendant on March 19, 2003, while the Plaintiff appealed and was pending in the appellate trial as 2002Na2120 by the Chuncheon District Court 2002Na2120.

The first instance court of the above lawsuit and the first instance court of the appeal are referred to as "the first lawsuit".

1. 1. The Plaintiff shall implement the procedure for cancellation registration of each transfer of ownership, which was made by the High Military Court of Chuncheon on February 20, 1991 with respect to the instant real estate, to the Defendant under the registration procedure for cancellation of each transfer of ownership.

2. The defendant within June 19, 2003.

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