beta
(영문) 서울고등법원 2016.04.08 2015나2033395

소유권이전등기절차이행

Text

1. The plaintiffs' primary claims against the defendant G added in the trial are dismissed, respectively.

2. The plaintiffs' defendants.

Reasons

1. Basic facts

A. As to the land No. 1 of this case, on February 1, 1982, Defendant F, on January 27, 1982, the transfer registration for ownership was made on the ground of sale and purchase on January 27, 1982, and on the land No. 2 of this case, the registration for ownership transfer was made on June 30, 1965, and on July 18, 2006, the registration for ownership transfer was made on March 21, 200 in the name of Defendant G with I on July 18, 206.

B. The deceased on February 1, 1947, and the deceased on 1947, the deceased and succeeded to the property of S. The deceased on January 5, 1951, and the deceased on her own inheritance by the deceased on her son, and on January 24, 1961, U deceased on her mother, the deceased on her mother succeeded to U’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

[Reasons for Recognition] Each entry in Gap evidence Nos. 1 through 7, 11, 13, and 16 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the primary claim against Defendant G

A. 1) Determination on the cause of the claim by the Plaintiffs’ assertion 1) Gwangju City V Return 1,422 (hereinafter “V land”) which is the mother land of the land No. 2 in this case.

(2) According to the reasoning of the judgment of the court below, the Plaintiff is the co-owner who succeeded to the instant land No. 2, and the Plaintiffs are the co-owners who succeeded to the instant land No. 2. The registration of preservation of ownership in the name of the Plaintiff regarding the instant land No. 2 was revealed to have received the assessment of the land by a person other than the title holder of the preservation registration. Therefore, the registration of ownership transfer in the name of the Defendant G, based on this, is also null and void. Therefore, the Defendant G is also liable to implement the registration procedure for ownership transfer based on the restoration of the real name with respect to each portion stated in the claim among the instant land No. 2.1. 2) The judgment of the court below, as the owner of the instant land, shall be presumed to have become the owner of the