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(영문) 서울고등법원 2006. 10. 24. 선고 2005나54649 판결
[부당이득금반환][미간행]
Plaintiff and appellant

Plaintiff (Law Firm, Kim & Lee, Attorneys Kang Young-soo et al., Counsel for the plaintiff-appellant)

Defendant, Appellant

Defendant 1 and two others (Attorneys Choi Jong-soo et al., Counsel for the defendant-appellant)

Conclusion of Pleadings

August 29, 2006

The first instance judgment

Seoul Central District Court Decision 2004Gahap98799 Decided June 14, 2005

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance shall be revoked; (a) from 10,04, 496 won and 1,372,75 won among them; (b) from 28, 195; (c) from 31; (d) from 31; (e) from 4,239,318; (e) from 4.6.4; (e) from 9.6; (c) from 196.4; (d) from 9.4; (e) from 2.6; (c) from 9.4; (e) from 2.6; (d) from 9.4; (e) from 19.4; (e) from 2.6; (e) from 9.4; (e) from 2.6; (e) from 19.4; and (e) from 249,498 won; and (e) from 20.145 won per annum; and

Reasons

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation in this case is the same as that for the judgment of the court of first instance, except for the revision of the judgment of the court of first instance as follows, and thus, it is citing it as it is by Article 420

A. Each “adjudication on Nullity of Marriage” in the first instance court No. 3, No. 17, 18, 20, and No. 42 shall be considered as the “adjudication on Nullity of Marriage” respectively.

B. The part of the “3- E.” from 3-E to 16-E of the first instance judgment is deleted.

C. The part of “3- E.” to “3- E.” to “3- E.” of the first instance court Nos. 9, 17 through 9-1 shall be applied as follows.

(e) Therefore, a person who becomes a co-inheritors by acknowledgement after the commencement of inheritance or by the confirmation of a final judgment may not claim for the return of inherited property and its negligence to another co-inheritors in the same order of acquisition of stocks or real estate as a division of inherited property before recognition or the confirmation of judgment pursuant to the provision on the retroactive effect of recognition.

2. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges Lee Sung-sung (Presiding Judge) (Presiding Justice)

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