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(영문) 서울고등법원 2017.05.11 2016나2066767

지분소유권이전등기

Text

1. The judgment of the court of first instance is modified as follows.

Defendant H, respectively, shall be listed in the attached list 1 to 5.

Reasons

1. Basic facts

A. On May 29, 190, Defendant B completed the registration of transfer of ownership and the registration of creation of a collateral security. On May 29, 1990, Defendant B completed the registration of transfer on the ground of sale on May 21, 1990 with respect to each of the lands listed in [Attachment List 1, 2, 3, and 5] and the land indicated in [Attachment List 1, 2, 3, and 5] and the land and 423 square meters in Pakistan at the time of Pakistan. 2) On June 28, 1990, Defendant B completed the registration of transfer on each of the above lands to the debtor LI (hereinafter “the deceased”).

3) In other words, on February 8, 1992, C is one of the lands listed in the separate sheet Nos. 1 through 5 of the instant land to Defendant H, the wife of J, and one of the lands listed in the separate sheet Nos. 1 through 5 of the instant land (the land listed in paragraph 4 of this case is divided into two parcels, such as the land listed in the separate sheet No. 6 of the same day, at the time of Pakistan.

When referring to the whole six parcels of land, regardless of whether it was before or after the division of land, as indicated in the above list, “each of the instant parcels of land,” and among the lands listed in paragraphs 1 through 5, “the land of this case 1 through 5” is “the land.”

(B) On January 21, 1992, the registration of ownership transfer was completed on the ground of sale. (B) On June 8, 2005, the deceased, who was the wife of the deceased, became a sole heir due to an agreement division.

2) On September 29, 2005, the Plaintiff completed the registration of transfer of the establishment of a neighboring mortgage on each of the instant land under the Plaintiff’s name. On October 17, 2005, the Plaintiff filed an application for provisional disposition against C and Defendant H to prohibit the disposal of real estate on each of the instant land on October 17, 2005, with respect to the prohibition of the disposal of real estate on October 21, 2005, under the jurisdiction of the Central District Court Yangyang-dong 2005Kadan6805, and the registration of the provisional disposition on October 28, 2005 was completed. Meanwhile, the registration of the provisional disposition was completed on October 28, 2005. On the other hand, the death of Defendant D, children, Defendant E, F, and G, who were his wife, died on May 12, 2016, during the first instance trial proceeding.