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(영문) 창원지방법원 2015.06.04 2015나30132

소유권말소등기

Text

1. All appeals filed by the Plaintiff (Appointed Party) and the appointed parties A, C, D, E, F, and Defendants are dismissed.

2. The appeal costs.

Reasons

1. The court's explanation of this case is the same as the part of the reasoning of the judgment of the court of first instance, except for the following modifications or additions. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the reasoning of the judgment of the first instance court, the term “Plaintiffs” shall be read as “Plaintiffs (Appointeds) and designated parties,” and the term “wons, Defendants” as “Plaintiffs (Appointeds) and designated parties, and Defendants,” respectively.

The following shall be added to the 6th sentence of the first instance court's 3rd sentence.

In a case where a person claims the attribution of property rights, such as the ownership or the right of share arising from the inheritance, on the premise that he/she is a true inheritor with respect to the inheritance, and claims the cancellation of registration, etc. of real estate, which is an inherited property, against some co-inheritors who have succeeded to the inheritance, insofar as the assertion that the ownership or the right of share belongs to the inherited property is based on the inheritance, it is reasonable to interpret it as a lawsuit for the claim for the recovery of inheritance under Article 999 of the Civil Act, regardless of the cause of the claim (see, e.g., Supreme Court Decision 2005Da45452, Jul

2. If so, the part of the claim concerning each real estate listed in the separate sheet 1 and 2 among the lawsuits in this case by the plaintiff (appointed party) and the designated party shall be dismissed, and the claim as to the real estate listed in the separate sheet 3 shall be accepted on the ground of the reasons, and the remainder shall be dismissed on the ground of the reasons. The judgment of the court of first instance is just in conclusion, and the appeal by the plaintiff (appointed party) and the designated party and the defendants shall be dismissed on the ground of the reasons. It is so decided as per Disposition.