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(영문) 부산지방법원 동부지원 2018.11.15 2017가단210473
부당이득금
Text

1.(a)

Plaintiff

A, Defendant E is 15,406,438 won, Defendant F is 7,028,914 won, Defendant G, H and I are 4,828,701 won, and Defendant J is .

Reasons

1. Basic facts

A. On March 4, 1954, the deceased K purchased L forest land 71,405 square meters (hereinafter “forest land before division”) at king-si, 1938, and completed registration of preservation of ownership.

B. According to the custom prior to the enactment of the Civil Code, the deceased K’s heir’s share of inheritance, the deceased K succeeded to 5/10 of the deceased K’s loss of the deceased K’s head of the family, and O, P, Q, R, and J succeeded to 1/10 of the remainder of the children, respectively, and N succeeds to 5/10 of the inheritance shares by dividing 5/10 of the inheritance shares into 1/3 of the siblings, E, and 1/6 shares, respectively.

C. Q died on November 21, 1980, and the inheritor succeeded to the ratio of shares as indicated below by Defendant F, ASEAN, Defendant G, and Defendant H and I as his wife, Defendant F, and his wife.

G 2/14 6/420 G 2/14 6/420 of G 2/14 6/420 of 3/14/420 of the inheritance shares in the inheritance shares in the deceased net Q. H 2/14 6/420 of the deceased 2/14 6/420 of the inheritance shares in the deceased net Q. I 2/14 6/420

D. R died on March 13, 1989, and Plaintiff A, the wife, succeeded to 2/3, and Plaintiff B, the wife, to 1/3 ratio. The inheritance shares in Plaintiff A and B’s network K are 2/30 (=28/420), 1/30 (i.e., 14/420).

E. After the death of the deceased K, the deceased M completed the registration of transfer of ownership on the forest before division due to inheritance. The deceased M completed the registration of transfer of ownership on the ground of inheritance. On May 1, 1971, the deceased K’s heir completed the registration of transfer of ownership as a combination of N, Defendant E, S,O, Q, and Defendant J6 for the preservation of the forest before division.

F. On January 16, 2013, the forest land prior to the subdivision was divided into 60,503 square meters L, Tron 9,811 square meters, U 1,091 square meters and divided into 1,091 square meters.

(hereinafter referred to as “the instant forest land” in total, and individually referred to as “the instant forest land,” the name of the administrative district is omitted, and, when called individually, the name is omitted). V 70/420 V 70/420/420 12.5/420 /420 shares in excess of the inheritance shares in the name-sharing shares, and V 70/420/420 6/420 G 10/420 G 15/420 9/420 6/420, 420 H 10/420 H 420 H 10/420 6/420 6/420,420 H 10/420 4/420 4/420, 420 420/420 J. 820/420/420 420/420.

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