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(영문) 대구지방법원 2016.10.11 2015가단7296
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership was completed with respect to the land of 942 square meters prior to Daegu Dong-gu E (hereinafter “instant land”) as follows:

(1) Registration of ownership preservation of F on December 19, 1928 (2) registration of ownership transfer of G and H on December 20, 1928 and (3) registration of ownership transfer of C on April 26, 1985 (4) registration of ownership transfer of Korea Land Corporation on October 11, 2007

B. On October 9, 2007, the Korea Land Corporation agreed to acquire the land of this case through consultation between C and C by setting the purchase price of this case at KRW 82,582,000.

On September 5, 2007, among the Class C, the account was opened with the community credit cooperatives under the name of D, which is the representative of clans, and was decided to receive the purchase price of the instant land in the manner of receiving it from the said account.

On October 17, 2007, the Korea Land Corporation paid KRW 82,582,00,000 of the purchase price of the instant land in the account (Account Number I) of “D (Class C)” opened at a non-monthly stop point of the community credit cooperatives.

[Ground of recognition] The fact that there is no dispute, Gap evidence 2-1, 2, 3, Gap evidence 34-1 through 15, the purport of whole pleadings

2. The Plaintiff’s assertion is the farmland of which the Plaintiff’s five son and Cho Jong-tae’s management and description of the tombstone and memorial K, and the farmland of which the Plaintiff used as financial resources for the purpose of gathering memorials.

The ownership of the instant land was succeeded to the Plaintiff’s father L, the resident of JC and K, who was his father, and succeeded to the Plaintiff.

Therefore, even though the Korea Land Corporation has the authority to receive the purchase price of the instant land from the Plaintiff, the Defendant received and embezzled the purchase price.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 82,582,00 and delay damages for the purchase price of the instant land.

3. Determination

A. As to the Plaintiff’s assertion that the Defendant received the purchase price of the instant land from the Korea Land Corporation, each of the evidence submitted by the Plaintiff is insufficient to recognize the allegation.

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