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(영문) 서울고등법원 2016.09.22 2016나2001784
부당이득금반환
Text

1. The judgment of the court of first instance is modified as follows.

Defendant B’s 236,99,810 won and its related amount on September 2014.

Reasons

1. Basic facts

A. The Plaintiff, as a party, was established with the purpose of jointly setting the VP 11th hand X, with the purpose of promoting friendship between the graves of the ship, the sprinkers, and the sprinkers and their descendants.

Defendant B and C are the Plaintiff’s closing members, and Defendant D is the heir of the Plaintiff’s closing source J, and Defendant E, F, G, H, and I are the heir of Defendant E, H, and I of the Plaintiff’s closing source K (Death on August 11, 2012).

B. The circumstances of each land listed in the separate sheet No. 1 and the registration relations of each land listed in the separate sheet No. 1 (hereinafter “each land of this case”) are as follows: the situation of each land listed in the same list and each land listed in the same list, and the registration relations are as follows.

1) On April 30, 1917, the land No. 1 of this case was assessed in the name of the deceased L (1960 or 1962 death) who is the father of Defendant C, who was the father of Defendant C. On November 10, 1992, the registration of preservation of ownership was completed under Defendant C’s name on November 25, 1992 after the domicile was registered in the deceased L’s name on November 10, 1992.2) The land No. 2 of this case was changed into the land No. 2 of this case to the land substitution under Farmland Improvement around June 7, 1993.

With respect to the land No. 2 of this case, the ownership transfer registration was completed in N on March 18, 1965, and the ownership transfer registration was completed in the name of O, P, K, and J on January 25, 1971.

Since then, the J shares in the land of this case among the land of this case were transferred to Defendant D, the wife on March 13, 2012 due to inheritance due to the consultation and division on December 10, 200, and the O shares were terminated to Q on April 2, 2012 due to inheritance due to consultation and division on April 13, 2012.

3 The third land of this case was changed from June 7, 1993 to the land substitution by farmland improvement around June 7, 1993.

With respect to the land No. 3 of this case, the owner of the land before April 5, 1954 due to restoration has completed the registration of transfer of ownership in the blank, and thereafter the registration has been completed.

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