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(영문) 부산지방법원 2015.08.17 2014나44601
부당이득금반환
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Text of the judgment of the court of first instance;

Reasons

1. Basic facts

A. The deceased P (hereinafter “the deceased”) was killed by the police on November 27, 1950. At the time of the deceased’s death, the deceased was the deceased’s father U, mother’s net Q, net Q, net Q, net R, X, and Defendant H.

B. Defendants B, C, D, E, F, and G are the wife and children of the net Q, and Defendants I, J, K, and L are the wife and children of the network R.

C. Meanwhile, the Plaintiff was reported as born between AG Deceased’s birth and AF. D.

The plaintiff, the deceased, and his children, Y, AA, AC, AD, AE, and the defendants (hereinafter referred to as "the plaintiff, etc.") filed a lawsuit claiming consolation money (hereinafter referred to as "the lawsuit in this case") with the Gwangju District Court, 201Kahap959, Y, which are the wife of the deceased and their children, for the reason that the deceased died due to the illegal performance of duties by the state public officials, and received some winning judgment. The plaintiff filed a lawsuit of claiming consolation money (hereinafter referred to as "the lawsuit in this case") and appealed all the parties concerned, and ordered the appellate court (Seoul High Court 2012Na5147) to pay additional damages to the plaintiff, etc., and the Republic of Korea filed a final appeal on July 12, 2013, but both the first and second judgments became final and conclusive (hereinafter referred to as "the final judgment in this

E. The details of the inheritance relationship and consolation money calculation calculated in the final judgment of this case are as follows: “Attached inheritance relationship and consolation money calculation table”.

【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2 (including virtual numbers), the purport of the whole pleadings】

2. The plaintiff is the only heir of the deceased as his lineal descendant. As such, among consolation money received from the Republic of Korea according to the final judgment of this case, the part of consolation money of KRW 100 million inherited by his father U due to the death of the deceased shall be the amount of consolation money again inherited by the Defendants through the deceased V and his brothers and sisters.

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