소유권이전등기
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Since the reasoning of the judgment of the court of first instance is the same as “1. Basic Facts”, it shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Summary of the plaintiff's assertion
A. The registration of transfer of ownership in F’s name with respect to J and K land was completed on April 28, 1973, after the death of E, and thus, the remainder, excluding the F’s share of 1/10, is null and void.
Since I completed the registration of ownership transfer of each land in the name of F without authority by using documents, such as F's certificate of rights, it is also null and void.
Furthermore, the Defendant acquired each of the instant lands divided from the above land by agreement from I, but the registration of ownership transfer for each of the instant lands is null and void. As such, the registration of ownership transfer in the Defendant’s name concerning each of the instant lands transferred from I is also null and void.
B. Since J and K land under the name of E at the time of the death of E are inherited property, the Plaintiff and the designated parties, the inheritor of E, have the right to file a claim for the registration of ownership transfer concerning the portion of each of the above land among the above land, which were transferred from the FF of the registration of ownership transfer, and therefore, from I, the Plaintiff should have the ownership of 2/10 shares, 1/20 shares, 1/10 shares, 20 shares, and 1/10 shares, respectively.
In addition, F succeeded to 1/10 of the above land due to the death of E, and F succeeds to 1/7 shares of the Plaintiff and Appointors, I, G, and H, who are the successors of F’s property upon the death of F, and upon the death of F, the Plaintiff and Appointors, who are the successors of F, should have ownership of 1/70 of each of the above land (=1/10 x 1/7) transferred from F.
C. Therefore, due to the death of E and F, the Plaintiff’s ownership of inherited property at the time of E’s death (=2/14(=2/10 1/70) shares, B’s shares, 9/140(=1/201/70), 6/35(i.e., 1/10/70) shares, 6/35(i.e., 1/10).