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(영문) 서울고등법원 2016.07.13 2015나26964
부당이득금 반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The owner of each of the above land was registered as X,Y, Z, and AA4 on the old land cadastre on (i) registration of preservation of ownership of X,Y, Z, and AA’s land at 3980 square meters before the former Yong-gun AB and 57 square meters (hereinafter referred to as “land”). On March 31, 1941, the above land was registered as X,Y, Z, and AA4, and on December 11, 1971, the registration of preservation of ownership in the name of X,Y, Z, and AA was completed with respect to each of the above land and the land at 1/4 square meters in the name of X,Y, Z, and AA.

Luxembourg Land was divided into 188 square meters for AC AC in Yong-gun, Yongnam-gun (hereinafter “instant land”). On October 20, 2005, 150 square meters prior to AD (hereinafter “instant land”) were divided from the land AB, and 843 square meters for AE road on June 5, 2007 (hereinafter “the instant three land”).

B. On January 8, 1994, X, Y, Z, AA’s death and inheritance registration (i.e., Y died on January 8, 1994, the registration of ownership transfer was completed on August 11, 2005 by AF, AG, AH, AI, AJ, AK, AL, and AM based on inheritance.

Luxembourg died on July 1, 1990, and the registration of ownership transfer was completed on August 25, 2006 with respect to the land of this case Nos. 1 through 3 on August 25, 2006 by one of his inheritors.

Consolidatedly, the Z died on April 4, 199, and Defendant K, one of his successors, completed the registration of ownership transfer on the land of this case on October 10, 2006 due to the inheritance by agreement division.

xx died on May 8, 2003 and died, the Defendant C, D, E, E, F, G, H, H, and J, who is his wife, succeeded to X, but Defendant B, D, E, E, F, G, H, H, and J (hereinafter “Defendant B, etc.”) did not complete the inheritance registration on the land of this case 1 through 3.

C. (1) Jeonnam-do around 2006 the land of this case 1, 2, and the land of this case.

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