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(영문) 서울고등법원 2019.10.16 2017나2059629

소유권이전등기

Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff is a clan consisting of descendants who jointly set up MM P (P, 13 years old) P (P, Q and 30 years old) and Q (P and 30 years old). The family level of Q is as shown in attached Table 2.

The defendant (the age of 34) is the son of Q Q, AH.

B. Each real estate listed in [Attachment I] List 1, 2, 5, and 10 was assessed in around 1912, where R (the 32 years of age, the 1865 birth, the 1954 death) was the grandchildren of Q.

Among them, each of the real estate listed in paragraphs 1, 2, 5, and 6 was completed on November 6, 1980 for S (Death in 200), D, and the Defendant completed the registration of preservation of ownership on one-third share on November 6, 1980, and the registration of transfer was completed on January 19, 1989 for one-third share in the name of S among the real estate listed in paragraphs 5 and 6.

Each real estate listed in the Schedule 7 through 10 of the Schedule 1 was registered under the name of S on December 9, 1971, and each one-third share was registered for the preservation of ownership on January 26, 1989, to E on January 26, 1989, to the Defendant on January 26, 1989, and each registration of transfer was completed to C on February 3, 1997.

C. Each of the real estate listed in [Attachment 1] Nos. 3 and 4 was under the circumstances of Y. Since then, registration of preservation of ownership was completed on November 6, 1980 in the name of S, D, and the Defendant for each of the real estate 1/3 shares, and registration of transfer was completed on January 19, 1989 for one-third shares in the name of S among the real estate listed in paragraph 4.

If more details of changes in rights concerning each real estate listed in the attached Table 1 (hereinafter referred to as "each real estate of this case") are arranged, the following table shall be as follows:

After registration of ownership transfer, the name of real estate assessment, the registration of ownership transfer: (a) Transfer of rights (VR on November 6, 1980, S, D, 1/3 equity (2) equity in S, D, and 1/3 equity in each of the Defendants 1/6, November 6, 1980, 1980; and (b) equity in S, D, and 1/3 equity in each of the Defendants 1/6, November 6, 1980, 4 equity in S, and 1/3 equity in each of the Defendants 1/3, January 19, 1989 (Gift) ⑤ Equity in AAAR on November 6, 1980, 1980, S, 1/3 equity in each of the Defendants 1/3 equity in S, 1/3 (Gift) on November 19, 198, 1/3 equity in each of the Defendants 1/1/6, 1980, 1/1/193