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(영문) 부산고등법원 2015.03.19 2014나4262

부당이득금반환

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The status of the parties to the case (hereinafter referred to as the “Cgate”) refers to the clan Dm 25 E as a joint ancestor, and has a “U novel” comprised of descendants (hereinafter referred to as the “U novel”). The original Defendant is a clan member of the said Grand Year with four degrees of relationship.

B. The instant forest land’s legal relationship 1) is 42,212 square meters of F forest land in Gyeongyang-gun, Gyeongyang-gun (hereinafter “instant forest”).

(2) On May 14, 1987, the aboveJ completed the registration of ownership transfer solely pursuant to the Act on Special Measures for the Registration of Real Estate (Act No. 211), among the heirs of the deceased J on April 10, 194, the ownership was transferred in sequential order in the name of the deceased H on April 10, 1940, and on November 9, 1964, under the circumstances of the deceased G on February 12, 1912. (2) The aboveJ completed the registration of ownership transfer solely on July 13, 197, on the ground that the deceased, the defendant, and the K on May 14, 1987, 126,636 of each of the forest of this case, 19,824 shares in the Plaintiff, the defendant, and the defendant L on each of the forest of this case, 26,636 percent of each of the forest of this case, 126, 146, 1986.

3) On January 26, 1998, the instant forest was divided into 34,367 square meters of F forest and M forest and 7,845 square meters of forest. The said F forest and 34,367 square meters of forest and 14,022 square meters of F forest and 5,181 square meters of N forest, 662 square meters of O forest, P forest and 14,398 square meters of land, Q forest and 15 square meters of land, and 89 square meters of R forest and 89 square meters of land, respectively.

The Republic of Korea acquired land compensation amounting to KRW 906,301,990 on August 10, 2009, after having been incorporated into the site for the National Highway Expansion Works between South and North Korea, and the Republic of Korea acquired it through consultation. The said S paid the land compensation amounting to the agricultural bank account in the name of the general secretary of the Republic of Korea. The said S paid KRW 465,428,374, as well as the remainder of the said land compensation amounting to the collateral security debt of the instant forest, the re-new construction construction construction loan and interest, litigation-related expenses, various taxes, etc.