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(영문) 광주고등법원 2020.04.22 2019재나40
부당이득금반환
Text

1. All of the appeals filed by the Plaintiff (Plaintiff) are dismissed.

2. The costs of the retrial are assessed against the plaintiff.

Reasons

1. Confirmation, etc. of the judgment subject to review

(a) Presumed factual basis 1) Sinposi E 80 square meters, F 40 square meters, and each of the above lands, and sapap 7 square meters, sap sap sap sap sap sap 16 square meters (hereinafter “instant site and building”).

2) On November 6, 1964, G was owned by the Plaintiff’s father, G, and the Plaintiff became co-inheritors.

3) The I forged documents related to the registration of ownership transfer in the name of G, and completed the registration of ownership transfer in the name of G as was No. 19890, May 28, 1965, with respect to the instant site and building, the Plaintiff of the Defendant B and the father of the Defendant C entered into a contract with I on March 18, 1969 to purchase the instant site and building from 360,000 won (hereinafter “instant sales contract”).

K completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on May 1, 1969 with respect to the instant site and building on the ground of the instant sales contract, under the receipt No. 2963 of the Gwangju District Court Branch Office, and thereafter, K occupied the instant site and building for not less than 20 years from that time.

5) On June 12, 1984, E 80 square meters and F 40 square meters were merged into E E 120 square meters, and the same day was divided into L 90 square meters and M 30 square meters, and the aforementioned divided L site was divided into L 77 square meters and N 221 square meters on November 11, 1985. 6) The Plaintiff filed a lawsuit against K with K for the implementation of the procedure for the cancellation registration of the ownership transfer registration of this case under the Gwangju District Court Decision 94Ga26764, and the Plaintiff filed a lawsuit against K for the implementation of the procedure for the cancellation registration of ownership transfer of this case.

The Plaintiff asserted, as the cause of the claim, that “The ownership transfer registration in the name of I is the registration of invalidation of cause by forging the relevant documents and is also the registration of invalidation of cause.” The above court acknowledged the cause of claim by the Plaintiff, while K recognizes the cause of claim, thereby acquiring the land and buildings in the instant case by prescription.

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