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(영문) 서울남부지방법원 2015.09.04 2015나53341
부당이득금반환
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff (Counterclaim defendant) shall specify the attached inheritance shares to the defendant (Counterclaim plaintiff).

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. Division of each of the instant lands and possession relationship 1) PY 279 square meters (hereinafter “the maternity land of this case”) owned by the O in Youngcheon-si.

From November 25, 1938, each real estate listed in paragraphs 1 and 2 of the List of Real Estate Attached 2, and each real estate listed in paragraph 3 of the List of Real Estate Attached 2, June 20, 1940 was divided (the real estate listed in Paragraph 4 of the List of Real Estate Attached 2, hereinafter “O land of this case”).

(2) Although the land category of the instant land No. 1 was indicated on November 25, 1938 on the old land cadastre (No. 1-2) of the instant land No. 1 on November 25, 1938, the land category of the instant land is divided from November 25, 1936. However, in light of the fact that the instant land No. 1 was divided from the multiple lands of the instant case on November 25, 1938 and there is no indication on the change of land category in the land cadastre, it is reasonable to deem that the instant land No. 1 was changed to the road on November 25, 1938, notwithstanding the aforementioned entry in the former land cadastre.

The land No. 2 of this case was changed from October 21, 1970 to the third land of this case on June 20, 1940 to the road. The land category of this case was changed from the paddy field to the road, while all of the land of this case was unregistered, it was occupied by the defendant and used as the road since it was divided from the mother land of this case to the road.

B. 1) TheO died on March 23, 1976, and the O inherited property inherited in proportion to the respective inheritance shares listed in Section 1 of the attached Form 4 ratio by T, V, W, and the Plaintiff A, B, C, D, F, and G, who are wife and children. 2) T, died on June 15, 198, and the O inherited property inherited in proportion to the respective inheritance shares listed in Section 2 of the attached Form 4 ratio.

3) V died on September 13, 1993. The inherited property was inherited by U, W, and Plaintiff A, B, C, D, E, F, and G, a sibling, at the ratio of respective inheritance shares listed in attached Form 4, Section 3 of the inheritance share calculation table. 4) U shall be on November 16, 200.

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