beta
(영문) 서울고등법원 2016.10.04 2015나2039966

소유권이전등기

Text

1. The part concerning a claim for payment of money in the judgment of the first instance shall be revoked;

2.The selective claims added by this Court.

Reasons

1. Basic facts

A. The Plaintiff is a natural relative organization composed of descendants who jointly set up C.

B. In the Land Survey Book prepared around 1910, which was the Japanese occupation occupation point of 1910, the land survey register entered in the separate sheet (hereinafter “each land of this case”). In some cases, N is written as the name of the assessment title as to the land of this case according to the sequences. On January 11, 1916, registration of preservation of ownership was completed in the name of theO as to the land of this case No. 2 and 3 in the name of the N.

C. On January 20, 1916, the registration of ownership transfer of 1/3 shares in the name of D, E, and F was completed for each of the instant land on January 19, 1916, and thereafter D, E, and F died.

On the other hand, the defendant is F's grandchildren.

On May 8, 2014, the Defendant completed the full registration of transfer of shares on the ground that the Defendant’s father’s father AK was the grandchildren of F on October 15, 1951, on the ground that the Plaintiff died on February 10, 1981, due to consultation and division inheritance due to the death of Australia.

E. On May 23, 2014, the Defendant completed on May 23, 2014, the registration of the establishment of a collateral security (hereinafter “registration of a collateral security”) with respect to one-third of one-third shares of each of the instant land, on the registration of the establishment of a collateral security (hereinafter “registration of a collateral security”) with respect to the debtor, the Taesan Environment and the maximum debt amount of KRW 300 million, and on June 10, 2014, G with the debtor H and the maximum debt amount of KRW 150 million.

[Ground of recognition] Facts without dispute, Gap 1-6, 32, 33, 47 (including branch numbers; hereinafter the same shall apply), the witness I of the first instance court's testimony, the purport of the whole pleadings

2. On this part of the judgment on the defense prior to the merits, the main sentence of Article 420 of the Civil Procedure Act shall be cited for the grounds of the judgment of the court of first instance from 3 to 7, 11, among the grounds of the judgment of the court of first instance.

3. Judgment on the merits

A. The grounds for termination of title trust are limited to.