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(영문) 서울중앙지방법원 2017.06.07 2015가합570112
부당이득반환
Text

1. The defendant,

A. From November 13, 2015, each Plaintiffs lose their ownership on E- miscellaneous land 7,177 square meters in Gyeonggi-si, Gyeonggi-do.

Reasons

Basic Facts

As the head of the deceased non-party G on October 17, 1956, the deceased non-party G, according to the customary law prior to the enforcement of the Civil Act (amended by Act No. 471 of Feb. 22, 1958), the deceased non-party G succeeded to the deceased G’s heritage as a family heir, and refer to the Supreme Court Decision 90Meu2301 of Oct. 30, 1990, etc. The deceased on June 13, 1979, the deceased non-party H and the son, whose wife is the deceased, succeeded to the deceased non-party I, the deceased non-party I, the plaintiff B, and the deceased non-party I/15 shares, and the deceased non-party I inherited the deceased’s heritage solely on November 30, 1981.

After that, the plaintiffs inherited the deceased deceased deceased on March 22, 200 by 1/4 each of them, and eventually, the deceased G heritage inherited 1/2 shares [6/15 x 1/4 x 1/4) of the plaintiff A, the plaintiff B, C, and D respectively 1/6 shares [1/15 (6/15 x 1/4)].

On September 9, 1963, the registration of ownership transfer was completed in accordance with the former Act on Special Measures for the Adjustment of Requisitioned Property (amended by Act No. 2172 of Jan. 1, 1970; hereinafter “Regulatory Property Act”) with respect to the portion of 1,734/2,535 shares of K land at the time of the Gyeonggi-si, the registration of ownership transfer was completed in the name of the deceased J on February 16, 1984, and Non-party M on March 8, 1984, with respect to the portion of 8,380 square meters (hereinafter “pre-divisioned land”). The Defendant completed the registration of ownership transfer in accordance with the former Act on Special Measures for the Adjustment of Requisitiond Property (amended by Act No. 2172 of Jan. 1, 1970; hereinafter “Requisitiond Property Act”).

On August 20, 2004, the land before subdivision was divided into 1,203 square meters of L Miscellaneous land (hereinafter “instant land”) and 7,177 square meters of E miscellaneous land (hereinafter “instant land”) at the time of Gyeonggi-si, Gyeonggi-do, and each of the instant land is registered by the Defendant as the owner of the share of 1,734/2,535 and M 801/2,535 shares, even after subdivision.

The Plaintiffs filed a lawsuit against M on the ground that the respective land of this case was under circumstances, and on April 1, 2015, M with respect to each land of this case, was subject to the Plaintiffs A1/2, respectively.

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