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(영문) 대전고등법원(청주) 2014.11.25 2014나20364
부당이득금반환
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. 1) Status of the parties 1) BK (hereinafter “BK clan”)

A) A clan (hereinafter referred to as “A clan”) is limited to a common ancestor, and is a clan of the same clan.

(2) On the other hand, the plaintiff clan is a clan that has set up C as a joint ancestor and is a member of the family below the AA clan.

Since 1946, C's descendants began to put the vision for C from around 1946.

3) The Defendant was the grandchildren D and E, but the 24-year-old grandchildren F were the descendants of D, and the 24-year-old grandchildren I were the lineal descendants of E. The Defendant is the descendants of H, who are the descendants of D. B. Each land listed in the Schedule of Attached 1. (hereinafter “each land of this case”).

1) On December 20, 1917, the land of this case was assessed by the said I.

2) As to each of the instant lands, J (I’s grandchildren) under the Act on Special Measures for the Transfer, etc. of Real Estate Ownership, which was enforced on August 29, 1980 (Act No. 3094) as of August 29, 1980.

) K (the grandchildren of F who are the descendants of the Plaintiff clan) is the descendants of the Plaintiff clan;

(2) At that time, H (at that time, the Plaintiff’s clan was the deceased’s member of the clan).

) Each registration of ownership preservation (one-third share) in the name was completed (as at the time, Q (name BN, I AC) was registered as the owner in the forest register for each land of this case.

[2] On May 15, 2004, the above H died, and accordingly, on May 3, 2005, the registration of ownership transfer was completed in the name of the Defendant, his heir. 3) Each of the instant lands was installed in E (C's second grandchildren), N,O, P, I, Q (C's second grandchildren) and the wife of D (C's first grandchildren), and around May 2006, the Defendant's high-light, high-ranking, increased-age, and increased-age, increased-age, and increased-age, father, and father were buried in each of the instant lands.

4) Plaintiff clans L (25 years of age) which are the grounds of the clan of the Plaintiff clan

) From around 1967, the Plaintiff resided in each of the instant lands, and managed each of the instant lands and the instant graves with a farmer’s death, and currently M, a child of L, has the same work. 5)

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