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(영문) 서울고등법원 2018.08.14 2018누41510
군인연금 기 지급금 환수처분취소 청구
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, except where the court makes an application or makes an addition or deletion as follows. Thus, it shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The following shall be taken from the 9th sentence to the 4th sentence below in the first instance judgment:

3. The defendant becomes aware of changes in the family relation registration information of the senior beneficiary by sharing the family relation registration information under the Electronic Government Act even without reporting the junior beneficiary of pension. Thus, if the defendant who was aware of the change in the right to receive pension did not notify C, etc. of the occurrence of the right to receive pension, the extinctive prescription shall not run from the social security perspective

In addition, C et al. did not know the Plaintiff’s recidivism before filing a report of marriage in Korea on June 10, 2016, and could not submit a certificate of family relation record to be attached to a written application for the transfer of entitlement to a survivor pension. Therefore, the extinctive prescription shall not run until June 10, 2016.

Therefore, C et al.'s right to claim for survivor pension has not expired, and the plaintiff received pension based on C et al.'s will, thus the recovery disposition of this case is unlawful.

Under the fourth sentence of the judgment of the court of first instance, the first, the fifth and fifth first sentence are all 'court' to 'Seoul Administrative Court'.

The fifth to the fifth to seventh to the fifth to the fifth to the first instance judgment was appealed, but the judgment dismissing the appeal against C was pronounced (Seoul High Court 2018Nu32820), and the third to the last to the Supreme Court 2018Du46780 at the present Supreme Court.

‘Flag' has been written.

The following contents shall be added to the end of the fifth sentence of the first instance judgment:

On the other hand, as seen above, a person with the same priority or a mortgagee is entitled to receive a senior beneficiary.

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