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(영문) 서울중앙지방법원 2020.07.16 2019나50689

소유권이전등기

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1. The plaintiff's claim that the court changed in exchange is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The court's explanation on this part of the facts of recognition is consistent with the judgment of the first instance, except for adding "Evidence No. 5, Evidence No. 2, and Evidence No. 4-2" to "Evidence No. 1-2, Evidence No. 1-2, and Evidence No. 4 of the judgment of the first instance," among the corresponding parts of the judgment of the court of first instance, as follows. Thus, this part is cited in accordance with the main sentence of Article 420 of the

F. The above 24.5 square meters (24.5 square meters) transferred to the Plaintiff on December 31, 2014 through AD, AE, and AF inherited to the heir, and transferred to the Plaintiff on December 31, 2014. The co-owners and co-ownership shares of the instant land are as listed in the following table:

1H 20980/8400/8400/east 108/8400/20/820/8400/80/8400/20 of shares of each co-owner 2098/8400/8400/8400 of shares of Defendant G 4200/8400/8400 of shares of Defendant E 54670/8400, 103, 10549/8400 of shares of 104, A, 15020/840/840 of shares of 10840/840, A, 10670/8402/840/840 of shares of 100, A, 8030, 840, 840, 840840/2840/2840/2840/10 of shares of Plaintiff prior to

2. Determination as to the cause of action

A. The Defendants’ shares remaining in the land of this case alleged by the Plaintiff (excluding the shares in Gap-gu No. 113 transferred by the Republic of Korea) are the shares in the name without real rights. The actual co-owners of the land of this case are only the Plaintiff (the shares 24500/84000) and Defendant E (the shares 2300/8400) transferred by the Republic of Korea.

Therefore, the Defendants, which are mere equity right holders of the instant land, perform the procedure for registration of cancellation of ownership transfer with respect to the portion 45.2 square meters (hereinafter “the instant portion of land”) in attached Table 1 of the instant land possessed by the Plaintiff, among the instant land in possession of the Plaintiff, as indicated in attached Table 2.