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(영문) 서울고등법원 2015.07.24 2014나14773
부당이득금반환
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

(a) the relationship 1) the network H was set up with the deceased I and the deceased J (hereinafter referred to as “the computation of the portion of inheritance”) only for the persons involved in this case, except in the case where the calculation of the portion of inheritance is at issue;

2) The network I set up the network K and the network L, and the network J set up the network M and the network N.

3) The network K is a co-defendant B (hereinafter “the network B”) of the first instance trial.

(4) The network M had eight children, including the Plaintiff, including Defendant C, D, E, F, and G. 4)

B. The network N was recorded in accordance with the current administrative district name, irrespective of the change of the name of the administrative district, in the unit M, B, and L, in which the main defendants installed a majority of the fleets graves around 1966, the unit N was recorded in accordance with the current administrative district name prior to the subdivision.

hereinafter the same shall apply.

(2) On December 20, 1974, the net M had completed the registration of ownership transfer based on the sale on October 19, 1966 with respect to the above forest land on December 19, 1966, with respect to the registration of ownership transfer based on the registration of ownership transfer on October 10, 1966. (2) The net M completed the registration of ownership transfer based on the sale on December 31, 1974 with respect to each of the above forest land on December 20, 1974.

3) On April 26, 1979, the land size of Pyeongtaek-si Pream 25,190 square meters was divided into “8,037 square meters” and “17,153 square meters in Qu Forest 17,153 square meters” (hereinafter referred to as “the instant forest” is deemed as “the instant forest”.

(4) On the other hand, on August 1, 1978, the 4,958 square meters of the pertinent RP forest were registered in the name of S, and on May 11, 1979, each registration of ownership transfer was completed in the name of Korea Electric Power Co., Ltd.

C. On June 5, 1982, Defendant C, one of the heirs of the instant forest land, died on June 5, 1982, and Defendant C, the heir of the instant forest land, completed the registration of transfer of shares on June 5, 1982 due to inheritance due to the consultation division on June 3, 1982. (2) Defendant C, who was the owner of the instant forest land, on March 3, 2010.

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