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(영문) 서울고등법원 2019.02.01 2017나2051311
부당이득금
Text

1. Revocation of the first instance judgment.

2. The Plaintiff:

A. As to Defendant B’s KRW 504,000,000 and KRW 350,000,000.

Reasons

1. The facts under the basis of facts do not conflict between the parties, or may be found upon full consideration of the overall purport of the pleadings as set out in Gap evidence Nos. 1 to 4 and 22 (including branch numbers; hereinafter the same shall apply).

[1] On December 9, 1918, 1918, the real estate stated in the separate list No. 2 was assessed in the name of G, each of FC 27 years of age on June 25, 1912, and the real estate listed in the separate list No. 3 was assessed in the name of G, each of FC 27 years of age on May 28, 1918.

(hereinafter collectively, "each real estate of this case" has been registered pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Law No. 3094, Dec. 31, 197); ① with respect to forest E in the wife population E 4,165 square meters in the name of the defendant B, who is the 29-year FC on March 14, 1981; ② with respect to the real estate listed in the separate sheet No. 2 in the separate sheet No. 1/2 in the name of the defendant C, who is the H and FC 29 years old on May 4, 1971; and ③ with respect to the real estate listed in the separate sheet No. 3 in the separate sheet No. 3, the registration of ownership was completed on August 31, 1981; and each share of 1/2 in the name of the defendant B and the defendant C, respectively.

[2] The registration of ownership transfer was completed on November 11, 2009 with respect to 4,165 square meters of land E in the above So-si city, and the registration of ownership transfer was completed on November 11, 2009. The registration of ownership transfer was divided into the real estate listed in the attached Table 1 as of January 15, 2010 between I, J and K on January 2009, and the registration of ownership transfer was completed on January 3, 2003 square meters of land E, 93 square meters of land E and 3,232 square meters of land in J, K, and L in the future.

Attached Form

The transfer registration on June 28, 2001 was completed on June 9, 2001 by Defendant D, who was 29 years of age FFC on June 28, 2001 with respect to the net H shares (1/2) among the real property listed in the list No. 2.

2. The parties' assertion

A. While the plaintiff asserted that he owned each of the real estate of this case as a clan set forth in FC 20 years old, he was found to have been aware of it in the name of the deceased member of the family, and that he held the title trust in the name of the defendant B, the deceased and the defendant C again after G's death, he held the ownership preservation registration in the name of the defendant B, H and the defendant C, the defendant B is a clan.

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