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(영문) 서울고등법원 2015.10.07 2015나2019061

약정금 및 부당이득반환

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. A. The relationship between the Plaintiff and the Defendant, and C, the father of the Plaintiff and the Defendant (hereinafter “the deceased”), died on September 1, 1973. At the time, the deceased’s heir had wife D, E (ma), the Defendant (ma), F (ma), the Plaintiff (3) and G (3).

(C) The deceased H had already died without her child before her death. (B)

The instant land Nos. 1, 2, 3, 7, and 8 was owned by the deceased. The instant land was owned by the deceased. After the deceased’s death, the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992; hereinafter referred to as the “Special Measures Act”) was enforced until December 31, 1994.

Based on the following table, the ownership transfer registration under the name of the defendant was completed as follows. The real estate was inherited on February 23, 1995, No. 4703, Sep. 1, 1973, Samsung Co., Ltd., Ltd., the first,2, and 3 were divided on July 26, 2006, for the following reasons: Samsung Co., Ltd., Ltd. (hereinafter referred to as "T& 4704, Mar. 9, 195"), and Samsung Co.,, Ltd., Ltd. (hereinafter referred to as "T& 3, 208"), for the following reasons: < Amended by Act No. 4703, Feb. 23, 1995; Act No. 4705, Feb. 23, 1995; Act No. 4705, Feb. 23, 1995; Act No. 5198, Jul. 26, 2006>

3. Meanwhile, the instant land was based on the acquisition of land for public use on August 5, 201 by consultation among the Korea Land and Housing Corporation on August 3, 201.