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(영문) 의정부지방법원 2015.05.27 2014가단113371
부당이득금반환
Text

1. The defendant,

A. Plaintiffs A, B, and C respectively, KRW 2,106,80, and KRW 526,700 to Plaintiff D, and KRW 1,012,885 to Plaintiff E, and Plaintiff.

Reasons

1. Facts of recognition;

A. On April 20, 1964, M, the plaintiffs' preference, died and jointly succeeded to N,O, plaintiff A, C, D, and E. Since then N died on July 7, 199, the plaintiff F, G, H, and I jointly succeeded to them. On the death of theO on February 18, 2002, the plaintiff J, K, and L jointly succeeded to them. The specific inheritance shares are as shown in the list of inheritance shares in attached Form 2.

B. On December 28, 1964, the Gyeonggi-do PP PP 30 square meters was partitioned into the date unexplosed, Qu 10 square meters (hereinafter “instant land”) and R 20 square meters (hereinafter “instant 2 land”), each of the real estate listed in the annexed Table 1 (hereinafter “instant 1 and 2”) after the administrative district name was changed and the area was converted.

C. As to the land of this case, the State completed the registration of ownership preservation in its own name as of November 1, 1993, No. 42987, which was received on November 1, 1993, and completed the registration of ownership preservation in its own name as of the land of this case as of October 27, 1992, No. 38242, Oct. 27, 1992.

The plaintiffs asserted that the land of this case 1 and 2 is the ownership of M, the plaintiffs, and filed a lawsuit for cancellation of ownership registration against the State under Seoul Central District Court 201Kadan403682, which was the Seoul Central District Court 201Gadan403682, and they did not recognize that M was the ownership of the land of this case 1 and 2. Accordingly, the plaintiffs appealed in Seoul Central District Court 2012Na3326, and in the above appellate lawsuit, M as indicated in the distribution farmland documents and M as to the land of this case 1 and 2 are identical, and the above M was enacted by Law No. 31 of June 21, 194, and was deemed to have been the legitimate owner of the land of this case at the time of enforcement of the former Farmland Reform Act (amended by Law No. 4817, Dec. 22, 1994; hereinafter the same) and each of the above land was owned by the defendant at the time of distribution of the land of this case 1 and 2.

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