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(영문) 서울고등법원 2017.11.17 2017나18424

부당이득금 및 토지인도

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1. The Plaintiff (Counterclaim Defendant)’s appeal against the principal lawsuit and counterclaim in this case and the claim for the principal lawsuit expanded by this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The land E, recorded in the division and land cadastre of the instant land, was examined as of April 19, 1918 by the network F, and was divided into G and H two parcels on June 27, 1965, and among which G land was changed into the parcel number and land category as of 3,841 square meters before D (hereinafter “instant land”).

On September 26, 1963, the land cadastre of this case was registered by the owner in the name of the deceased I (the son of the deceased F). On July 18, 2001, the land cadastre was corrected in the name of the deceased F.

The deceased on February 14, 1923, the deceased on February 14, 1923, and the deceased on the inheritance relation of the deceased F, the deceased on the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the family head of family.

The deceased on August 21, 1941, and the deceased on August 21, 194, and the deceased on September 6, 1949, the deceased on his family heir, became the heir of the deceased on September 6, 1949.

Since January 1, 1968, the net M was deceased, and the network N and the networkO became the heir.

Among them, the netO died on January 29, 199, and there are P, Q, R and S as inheritor.

After the death of the networkO, the heir of the networkO and the network N have drawn up an agreement on the share of inheritance with the content that the land in this case will be owned by the sole ownership of the network N.

On June 16, 2015, the network N died in the instant lawsuit, and the heir has T, U, V, selectr C, W, X, and Y.

The registration of ownership transfer of the instant land was completed in the name of the network N on October 6, 2014. On the same day, the registration of ownership transfer was completed in the name of the Plaintiff (the deceased N's fraud) on the ground of sale as of August 5, 2014.

On January 21, 2016, the ownership transfer registration was completed on June 16, 2015 due to inheritance due to a division in consultation on June 16, 2015 in the name of the representative C among the successors.

The defendant's status and the land of this case.