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(영문) 서울고등법원 2017.08.31 2017나2016547

부당이득반환 청구의 소

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1. Of the judgment of the court of first instance, the part against the Defendants in excess of the amount ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. Status 1 of the parties, etc.) Plaintiffs, G and network H (hereinafter “the network”).

A) The deceased’s children are the deceased’s children, and the deceased’s property was jointly inherited on August 19, 1959. Before the Civil Act was enacted on January 1, 1960, the deceased’s family members and inheritance pursuant to Article 11 of the Decree on the Civil Aviation was customary in Korea at the time when the deceased’s property is equally inherited to the deceased’s children who are lineal descendants within the same family register, not the spouse’s husband or wife (see, e.g., Supreme Court en banc Decision 88Meu3619, Feb. 27, 1990). Since the deceased’s family members were not the deceased’s family members on August 19, 1959, the deceased’s spouse and lineal descendants within the same family register and the deceased’s deceased’s property were equally inherited to the deceased’s deceased’s children under the former custom.

B. A written division of inherited property consultation between the Plaintiffs and G and the deceased, etc. 1) The J, which is in the relationship between G and G, and the deceased, around June 2010, shall be 571m2, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, K road (hereinafter “K road before division”).

) and L-road 4 square meters (hereinafter referred to as “L-road”) and, in addition to K-road prior to subdivision, “the instant road prior to subdivision.”

(2) On October 25, 2010, the Plaintiffs, G, and the Deceased, upon contact with their owner, notified the Plaintiff B and the Deceased of the fact that the road prior to the instant subdivision was the land owned by the networkI. 2) After that, the Plaintiffs, G, and the Deceased, prepared a document by the Deceased on October 25, 2010, and delivered the document to G, and finally affixed a seal with the Plaintiffs and the Deceased, and then affixed a seal by the Deceased (hereinafter “instant agreement division”).