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(영문) 창원지방법원 2017.04.12 2016나56117

소유권이전등기말소 등

Text

1. Revocation of the first instance judgment.

2. Of the area of 1,387 square meters prior to G in Jinju, each point of the attached Form No. 19,20,21,22,16, and 19 are indicated.

Reasons

1. Basic facts

A. Status 1 of the parties is 1) Net H (Death on June 5, 2015, hereinafter “the deceased”).

In the center of B, the deceased B (Death on October 23, 2016) is the wife, and the Defendants are their children. 2) The deceased I (Death on October 3, 2007) is his father and the deceased J (Death on February 9, 199) centered on the Plaintiff.

3) The deceased H and the Plaintiff are the fourth degree of square districts. B. The deceased completed the registration of preservation of ownership in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 197) with respect to the land of this case (hereinafter “instant land”) 1,387 square meters prior to G in Jinju-si, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Aug. 14, 1981).

2) On March 24, 2015, Defendant F received the instant land from the Deceased, and completed the registration of transfer of ownership under the title No. 19601, which was received on April 13, 2015 from the Changwon District Court, Jinwon District Court (Seoul District Court). (c) The status of the disputed part of the instant land, which is in turn connected each of the points indicated in the Appendix No. 19, 20, 21, 22, 16, and 19, among the instant land, is the part on the ship (hereinafter “instant dispute”).

A) There is one grave and one grave of the deceased J, and the plaintiff manages it. [Grounds for recognition] The plaintiff has no dispute, Gap evidence 1 through 6 (which include the number of pages; hereinafter the same shall apply).

2) The reasoning of the first instance court's examination of evidence Nos. 1 and 2, the testimony of witness L of the first instance court, the result of the on-site inspection by the first instance court, the result of the appraiser K's survey and appraisal,

2. The court's explanation on this part of the plaintiff's assertion is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420

3. Determination as to Defendant F’s request for implementation of the procedure for cancellation of ownership transfer registration

A. The existence of a sales contract between the Plaintiff and the Deceased as to the instant dispute was written in Gap evidence Nos. 7, 8, 9, and 11, the testimony of the first instance witness L and the appraisal of the market price of appraiser M.