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(영문) 서울고등법원 2019.01.23 2018누56222
유족연금승계신청 불승인 결정 취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The reasoning of the judgment of the court of first instance, which cited the judgment, is as follows, is that the reasoning of the judgment of the court of first instance is identical to that of the part of the judgment of the court of first instance, except for cases where partial contents are used as described below, and thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. The part to be used after the dismissal is also as follows.

In full view of the following facts and circumstances, it is reasonable to view that the Plaintiff and the Deceased have already formed a de facto marriage relationship at least before December 2004, in full view of the entries in Gap’s 3 through 9, 11 through 16, 18 through 21, 23 through 25, and Eul’s 4 and 5 (including the numbers in the case of additional numbers), as well as the following facts and circumstances that may be recognized by the purport of the testimony and pleading of witnesses D of the first instance trial:

Therefore, although the plaintiff is the spouse under Article 3 (1) 3 (a) of the Public Officials Pension Act and has the right to receive the survivor pension under Article 56 (1) 1 of the Public Officials Pension Act, the defendant issued the disposition of this case on different premise, and the disposition of this case should be revoked illegally.

1) From January 23, 2003 to June 28, 2004, the Plaintiff engaged in in in inn business with the trade name “G” from Daejeon Seo-gu, Daejeon. On June 10, 2003, the Plaintiff completed the move-in report to the inn domicile of the said in Seo-gu, Daejeon, Seo-gu, Daejeon. On October 22, 2004, the Plaintiff completed the move-in report to the inn domicile of the J room-gu, Daejeon, Daejeon, and completed the move-in report to the above H apartment I on February 2, 2005, and on February 2, 2005, the Plaintiff’s husband’s father and wife entered the university located in Seoul, and on March 3, 2003 to February 28, 2006, the Plaintiff’s husband and wife shall have a dormitory at L High School located in the Jeonju High School from around February 23, 2003 to February 206.

3) The deceased’s Ma, the deceased’s Ma, the deceased’s Ma, the Plaintiff’s Ma and P, the Plaintiff’s Ma, the deceased’s Ma’s work bonus D, and Q were stated for the following purposes. A) M refers to the deceased and the Plaintiff’s house since 2004.

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