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(영문) 서울고등법원 2015.04.30 2014나44552
부당이득금반환 등
Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and the plaintiffs' claims corresponding to the revoked part are all revoked.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in the reasoning of the judgment of the court of first instance, in addition to the following reasons, and therefore, this part of the basic facts is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

At the bottom of the fourth decision of the first instance court, the part of the "Plaintiffs made an agreement on the division of inherited property, such as the attached inheritance shares." shall be deleted.

At the bottom of the 6th judgment of the first instance court, the 10th "this Court" shall be read as "court of the first instance", and the 'Witness' as "Witness of the first instance court", respectively.

2. The assertion and judgment

A. The plaintiffs' assertion 1) The defendant's assertion 1) based on the old land cadastre or forest land cadastre that was not lawfully restored with respect to each real estate listed in the separate sheet No. 1 and the real estate listed in the separate sheet No. 2 No. 1,2,3, and 4 listed in the separate sheet No. 2 (hereinafter "each real estate of this case") owned by the deceased, and thus the registration of preservation of ownership is null and void.

B) Since the Defendant did not have donated each of the instant real estate from the Deceased, each of the above registrations is not consistent with the substantive relationship. Therefore, the Defendant is obligated to implement the procedure for registration of cancellation of each registration of ownership preservation, which completed as shown in attached Table 1(b) with respect to the inheritance shares of the Plaintiffs listed in attached Table 3 among the real estate listed in attached Table 1(a).

In addition, the defendant is obligated to return 67,792,200 won equivalent to 3/5 of the plaintiffs' inheritance shares among the total sum of 112,987,000 won of the plaintiffs' inheritance shares among the total amount of 112,987,00 won of the compensation for acquisition by consultation received from the Republic of Korea as stated in the attached list No. 2 list No. 1, 2, 3, and 4 to the plaintiff

(The plaintiffs asserted that the total inheritance shares of the plaintiffs were 1/2 before expanding the claim in the trial after remand.) 2 defendant's assertion.

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