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(영문) 서울고등법원 2018.07.19 2018나2010072

소유권이전등기

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1. Revocation of a judgment of the first instance;

2. Defendant C, D, and E are as shown in the separate sheet No. 1 list to the Plaintiff, and as indicated in the separate sheet No. 2.

Reasons

1. Basic facts

A. 1) The Korea National Housing Corporation, as indicated in the separate sheet No. 1 (hereinafter “each land of this case”)

) G apartment, an aggregate building on the ground (hereinafter “instant apartment”).

The Korea Land and Housing Corporation is an implementer who newly built and sold the land, and the Korea Land and Housing Corporation comprehensively succeeded to the property, claims, and other rights and obligations of the Korea Land and Housing Corporation (hereinafter referred to as the “Korea Land and Housing Corporation”) pursuant to Article 8 (1) of the Addenda to the Korea Land and Housing Corporation (established by Act No. 9706, May 22, 2009) as a public corporation established following the merger of the Korea Land and Housing Corporation and the Korea Land and Housing Corporation (established by Act

2) On December 15, 1996, H (hereinafter “the deceased”) died on December 15, 1996. As of the registry of each of the instant lands, the deceased is currently registered as co-owners who own 68.92 shares of 279,028.1/1 of each of the instant lands (hereinafter “instant shares 1”).

Meanwhile, at the time of the deceased’s death, Defendant C, Defendant D, E, and I were the spouse of the deceased. However, as I died on April 22, 2002, Defendant C inherited 5/9 shares, Defendant D, and E inherited 2/9 shares, respectively.

The respective shares in Defendant C, D, and E (Defendant C 279,028.1/28, Defendant D, E, and 279,028.32/1, respectively) stated in the purport of the claim appears to be a clerical error in the calculation of the corresponding shares listed in the attached Table 2.

3) In addition, in the registry of each of the instant lands, Defendant F currently holds 80.4/279,028.1/279 of each of the instant lands (hereinafter “instant 2 shares”), and the instant shares, including the instant 1 shares, are “each of the instant shares”.

B) The Korea Land and Housing Corporation is registered as a co-owner. (B) On July 29, 1981, after the completion of the instant apartment building, the Korea Land and Housing Corporation was registered as a co-owner. (1) On July 29, 1981, in addition to each land of the instant apartment site, the Gangnam-gu Seoul Metropolitan Government Wlux 63,442.8 square meters.