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(영문) 수원고등법원 2020.11.12 2019나12356
보관금반환
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. Basic facts

A. The plaintiff in the status of the parties is a clan with CC 19 years old-age D as a joint group consisting of descendants, and the defendant is a clan consisting of CC 20 years old-old E, S, and E as a joint group group of descendants.

B. According to the old forest register, the ownership transfer registration was completed on January 30, 1929 with respect to the forest of this case on the list of 12,09m2 (hereinafter “the forest of this case”) in ASEAN-si, the forest of this case was completed on January 30, 1929, G and H. 2) the said G is the descendants of CC 23 years of age and the descendants of E, the south of D, and H is CC 21 years of age and C C C C 21 years of age and C C C 3 years of age.

3) After December 18, 1978, the forest of this case was converted into a square meter and the area was changed to 12,099 square meters. 4) The forest of this case was completed on May 17, 1995 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4586, Dec. 10, 1993; hereinafter “Special Measures Act”), and the registration of ownership transfer was completed on December 29, 2006 in J (hereinafter “J”) due to the acquisition of the land for public use on December 29, 206.

C. The Defendant, on December 21, 2006, sold the instant forest to J for KRW 1,202,83,030 (hereinafter “instant sales contract”) on December 21, 2006 (hereinafter “instant sales contract”).

(2) On March 23, 2008, the Defendant, on the same day, demanded on March 23, 2008, to transfer the above sales amount to the NF bank account in the name of the Defendant, the Speaker pro tempore, in the name of the Defendant, at the time of receiving KRW 1,202,83,030 from J, and kept it in the agricultural bank account in the name of the Defendant.

Accordingly, I delivered 752,206,738 won to O, P, and N on January 9, 2009, except for all expenses out of the above purchase price.

3. On April 10, 2012, KRW 700,000 has been deposited in a new bank account in the name of the defendant representative, and the defendant shall be the defendant.

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