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(영문) 창원지방법원 2018.07.05 2017나59465
부당이득금
Text

1. The defendant's appeal is dismissed.

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

3.The proceedings of the deceased A shall be taken over by the litigant.

Reasons

Basic Facts

In the deceased J’s inheritance relation, K 1,122 square meters (hereinafter “instant land”), L 68 square meters (hereinafter “instant 2”), M 706 square meters (hereinafter “instant 3 land”), N 31 square meters (hereinafter “instant 4”) and M 694 square meters (hereinafter “the instant 5 square meters”) of Gyeongnam-gun, Gyeongnam-gun, Gyeongcheon-gun, GJ owned by the GJ.

(B) In addition to the above lands, both of the above lands were collectively referred to as "each of the above lands". P (mama), Q (4), R (ma), and Q (ma) were lineal descendants of the deceasedJ, and A, E, Selection, Selection, and Plaintiff G were children of Q (Death July 23, 2008), and Q Q’s ASEAN (Death on December 6, 198), died of more than Q than Q, and the wife B, the designated children of Q, C, and Plaintiff D succeeded to the inheritance on behalf of Q.

However, as a result of the death on April 24, 2018 during the proceeding of the instant lawsuit, A and the designated parties jointly inherited the property as a statutory heir.

In addition, the Appointor H is R's child (Death on January 9, 1959), and U and the defendant are R's children.

The share of inheritance of specific plaintiffs and designated parties (hereinafter referred to as "Plaintiffs, etc.") shall be as specified in the attached Form.

In relation to the registration of each of the instant lands, the registration for transfer of ownership in U’s name (hereinafter “each of the instant land transfer”) was completed in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, hereinafter “Special Measures Act”) under the title of Changwon District Court, Sungcheon District Court, Sungcheon District Court (No. 597, Jan. 8, 2008) under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7506, Jun. 25, 2007) with respect to the land of this case No. 1, 2, and 3, 4, and 737 square meters, which was the mother’s land prior to the subdivision of the instant land. As to the instant land of this case, registration for ownership transfer in U’s name (hereinafter “registration for ownership transfer”) was completed under the name of Changcheon District Court, Sungcheon District Court, Sungcheon Branch Registry, under the Act on Special Measures.

특별조치법에 의한 위 각 등기는 U이 망부(亡父) P으로부터 이 사건 각 토지를 증여받았다는...

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