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(영문) 서울고등법원 2015.04.01 2014나2023605

지분소유권이전등기

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1. The part against Defendant D in the judgment of the first instance shall be revoked.

Of the instant litigation, the Plaintiff and Defendant D are involved.

Reasons

1. On April 29, 2014, the court of first instance examined the part of the instant lawsuit against Defendant D, and on April 29, 2014, the court of first instance rendered a decision to recommend reconciliation that “the Defendant shall receive KRW 20 million from the Plaintiff, and at the same time implement each procedure for the registration of ownership transfer based on an inheritance division consultation on October 25, 2010, with respect to each of the real estate listed in the separate sheet to the Plaintiff, as to each of the real estate listed in the separate sheet, the Defendant D shall implement the procedure for the registration of ownership transfer on April 30, 2014, the Plaintiff and the Defendant B, C, and E, on May 7, 2014, and submitted the original copy of each of the above Reconciliation recommendations on May 20, 2014. Since the joint inherited property was jointly owned by the heir, the part of the instant case shall be deemed to have been jointly owned by the Plaintiff and the Defendants on May 20, 2014.

Nevertheless, since the court of first instance has wrong decision on this part, it has revoked the part against Defendant D in the judgment of the first instance, and the part between the plaintiff and Defendant D in the lawsuit of this case is declared to be terminated.

2. Determination as to the claims against Defendant B, C, and E (hereinafter “Defendants”).

A. The reasoning for the court’s explanation concerning this case is as follows.

In addition to “the parts to be used” referred to in the main sentence of Article 420 of the Civil Procedure Act, it is identical to the part on the grounds of the judgment of the court of first instance.

(b) 1) Part 3 of the judgment of the first instance court: (i) Part 1 of the judgment of the first instance, “Witness H” in Part 12 of the third part of the judgment of the first instance shall be applied “H of the first instance court.” (ii) Part 1 of the judgment of the first instance

B.2) Paragraph 2 of the “Determination on the Grounds of Preliminary Claim” (Articles 4, 14, 5, and 10) are as follows.