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(영문) 서울고등법원 2016.03.30 2015나23781

부당이득반환

Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The relationship between the plaintiff and the Appointor and the defendant (1) his father C (former name D) and the father L of the defendant are siblings.

(2) Around 1919, C entered into the name of E in 1919, and married with G in 1927 and was married with G, and died on October 20, 1962, and on August 20, 1962, K succeeded to Australia, regardless of whether the F died on August 2, 1950.

(3) G died on March 10, 1987.

(4) After G’s death, the Defendant is in charge of the removal of deceased C, etc., and manages the deceased C, deceased G’s graves, and deceased E’s graves, etc., the two sides of the deceased C, deceased C, etc.

B. On May 7, 1956, the ownership transfer registration was made on the registry of the instant land (hereinafter “instant land”). On May 16, 1975, on the ground that the ownership transfer registration was made on May 16, 1975, on the part of the deceased G, the Plaintiff, and the designated parties, and the ownership transfer registration was made on the same day. On July 26, 1976, the name transfer registration was made on the part of the designated parties on July 1, 1976, and on the part of the designated parties, the ownership transfer registration was made on January 1, 1995 pursuant to Act No. 4502 (Special Measures for the Registration, etc. of Ownership of Real Estate) on January 13, 1995.

(2) In addition, on October 14, 2013, on the ground of the acquisition of a public site, the registration of ownership transfer for the instant land was made in the future of the Republic of Korea.

C. On October 2013, the Defendant received KRW 259,952,00 from the State as compensation for the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 through 5, Eul evidence 7 and 8, the purport of the whole pleadings

2. The parties' assertion

A. The net C and the net G, the parents of the Plaintiff and the designated parties, are the parents of the Plaintiff and the designated parties, F, an son, August 1950.