logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.07.09 2014누69275
환수금 부과처분 취소 청구의 소
Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

2. The Defendant’s survivor pension against the Plaintiff on December 19, 2013.

Reasons

1. Facts of recognition;

A. The Defendant’s husband B was appointed as a state public official on April 20, 1976 and served at the Seoul regional military manpower office, and died on May 18, 200. 2) The Defendant paid the monthly survivor pension to the Plaintiff pursuant to Article 56 of the Public Officials Pension Act from June 200 to November 201, and suspended payment from December 201, 203.

◆ 「공무원연금법」 제56조(유족연금, 유족연금부가금, 유족연금특별부가금, 유족연금일시금 및 순직 유족연금) ① 공무원이거나 공무원이었던 자가 다음 각 호의 어느 하나에 해당하게 된 경우에는 유족연금을 지급한다.

(Sicker omitted)

1. Where a person entitled to receive a retirement pension or early retirement pension dies, Article 46 (Retirement Pension or Lump-Sum Retirement Pension) (1) Where a public official has been in office for at least 20 years and retires, a retirement pension shall be paid from any of the following time to

B. The Defendant’s survivor pension restitution 1) around August 2003, the Plaintiff’s neighborhood living facilities and housing [the first-class neighborhood living facilities (retail stores) 220.5 square meters of the first-story, the second-class neighborhood living facilities (retail stores) 78.83 square meters of the second-story, the second-class neighborhood living facilities (retail stores) 134.92 square meters of the second-class residential facilities (one household), and the building of this case (hereinafter “the building of this case”).

(2) On March 25, 2004, the Plaintiff moved to the second floor of the instant building on the same day, along with G and son H on March 25, 2004, and made a move to the instant building on the same day.

3) From around that time to October 2010, the Plaintiff operated the household retail store of “I” with “A” on the first floor of the instant building. The Plaintiff prepared a room at one corner of the said household retail store, kept the bedrooms, etc. inside the room, and kept the room outside the room, such as air conditioners and electronic rail. 4) C made a move-in report to the instant building on March 25, 2004, on May 23, 2005, but made a move-in report with “J apartment 103 Dong 802, Nowon-gu, Seoul.”

arrow