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(영문) 서울고등법원 2016.11.10 2016나2020129
부당이득금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The reason why the court stated this part of the basic fact is identical to the corresponding part of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. The following facts or circumstances are acknowledged if the basic facts cited prior to the completion of the registration and the status of the real estate of this case and the basic facts cited in Gap evidence No. 1, Eul evidence No. 2, Eul evidence No. 3-2, Eul evidence No. 4-1 to 3, Eul evidence No. 6, Eul evidence No. 7, Eul evidence No. 9-1 to 3, Eul evidence No. 10-1 to 3, Eul evidence No. 10-1 to 11, and Eul evidence No. 11 are added to the whole purport of the pleadings:

A. Prior to the division of the instant real estate, “Seongsung E Forest E, E, E, 27 group 3 group 5 group 5 group 27 group 3 group 2 (hereinafter “Seongsung City N”)’s name titleholder was the deceased F.

As of the present point, there is no closed register for the preservation of ownership in relation to the above E Forest 27th 3rd 5th E Forest .

B. The aforementioned “E Forest 27 Y 27 Y 3 Y 5 Y ” was divided into the “J 2 9 Y 8 Y Y 2.”

According to the above J-J 2 9 Ma-1, 2, and 8 Ma-1, the ownership preservation and closure register (No. 4-1, 2, hereinafter “original closure register”) with respect to the above J-2 9 Ma-1, 8 Ma-1, 27 June 1929 with respect to the “Y-2 J-2 9 Ma-1, 1929 Ma-1, 000 Ma-1, 1942 Ma-1, 21 April 21, 1942, the ownership transfer registration was completed to the Dong K (name Q-1, 17 years), the father of the plaintiffs (the father of the J-2 9 Ma-1, 197).

C. Since then, “J 2-1-2-9-1-2-2-2-2-2-3-2-2-2-2-2-2-3-2-2-2-2-3-2-2-3-2-2-3-2-3-2-2-3-2-3-2-3-2-2-3-2-3-2-3-2-2-3-2-3-2-3-2-3-2-3-2-3-2-3-2-3-2-3-2-3-2-3-4-2-4-2-4-2-3-2-3-2-4-2-4-2-3-2-4-

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