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(영문) 서울고등법원 2017.01.26 2016나2030577

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The network H owned the land of 14 lots, including 12,298 square meters of I forest land in Kimpo-si, Kimpo-si, Kimpo-si (hereinafter referred to as “the lot number alone”) prior to the division (the same method as when referring to the other land appearing below). Upon the death of May 21, 1950, the network G succeeded to all the property rights and obligations of the network H.

At the time, the network G did not complete the registration of ownership transfer in its name with respect to most of the land including I land.

B. On November 26, 1965, the deceased G was deceased on the part of Defendant B and the deceased, and its wife and children inherited all the property rights and obligations of the deceased G as the heir, and completed the registration of transfer of shares due to inheritance in the name of the heir as to most of the land including I land in the name of the heir.

C. Since then, the nine parcels of the above land had been registered under the name of the Plaintiff, Defendant B, etc., and the ownership transfer registration was completed under the name of the Plaintiff, Defendant B, etc. on November 11, 1971, and the ownership transfer registration was completed under the Plaintiff’s name based on the former Act on Special Measures for the Registration of Real Estate ( repealed by Act No. 9153, Dec. 19, 2008) on March 10, 1986 with respect to each one-third share of the above land on March 10, 1986.

망 K의 자녀들인 원고, N, O 및 P는 망 K가 집을 나가 따로 살면서 왕래도 하지 않자 1994. 1. 30. 망 K 명의의 재산에 관한 분배 약정서(갑 제2호증, 이하 ‘이 사건 약정서’라 한다)를 작성하였고, 당시 피고 B 등은 위 약정서에 보증인으로 서명, 날인하였는데, 위 약정서 중 주요 내용은 다음과1994년 1월 30일 현재 원고의 명의로 돼 있는 재산(토지) 중 첫섬(전부)와 집터(현재) 뒷밭은 현재 명의로 두고 나머지 샛개논(약 1,800평)과...