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(영문) 서울고등법원 2016.08.25 2015나2040188
부당이득금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

A. Purport of claim.

Reasons

1. Basic facts

A. The clan of M (hereinafter “the clan of this case”) is a clan consisting of descendants of C with C’s 20-year-old net D (the name of family clan E; hereinafter the name of family clan is the family compensation) of C’s 20-year-old net D (the family name is the family compensation name).

B. The network F (AG), G (AH), H (AI), and I (AJ) were the children of the network D, and among which the network H and G were entered into another family.

The networkF was established independently as the deceased, but there was the plaintiff, the network K, and L with the children of the deceasedJ, and the defendant is the south of the network K.

C. The registration of preservation of ownership was completed on December 7, 1954 with respect to the 7,573 square meters of N Forest land in the Gyeonggi-gun, Gyeonggi-do (hereinafter “instant land”) prior to the division, under the name of the above net F and H. D.

The networkF died on October 5, 1960, while the network H died on December 12, 1945.

In accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 2111 of May 21, 1969, hereinafter "the Special Measures Act"), which was in force on December 4, 1971 with respect to the land of this case, the registration of ownership transfer was completed on the ground of sale as of March 15, 1956. The registration of ownership transfer was completed on November 27, 1992 when the Dong K died on December 5, 1993.

E. On April 18, 2010, the instant land was owned by the deceased couple’s graves before they were removed. However, the instant clan had the deceased AA and her children manage the instant land, etc., and had the deceased A and her children manage the said grave every year from the said grave.

F. Meanwhile, around May 6, 2010, the instant clan filed a lawsuit against the Defendant for the registration of ownership transfer concerning part of the instant land on the ground of termination of title trust (Seoul District Court Decision 2010Kahap4363, hereinafter “relevant lawsuit”), and at the time, the Plaintiff was the representative of the instant clan.

In a related lawsuit, "the defendant on November 29, 201 between the clan of this case and the defendant" on November 29, 201, out of the purchase price of the land of this case 1/2.

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