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red_flag_2(영문) 서울북부지방법원 2012. 2. 17. 선고 2011나5552 판결

[소유권이전등기절차이행][미간행]

Plaintiff, Appellant

Plaintiff 1 and six others (Attorney Lee Jae-chul, Counsel for the plaintiff-appellant)

Defendant, appellant and appellant

Defendant (Attorney Kim Young-chul, Counsel for defendant-appellant)

Conclusion of Pleadings

January 13, 2012

The first instance judgment

Seoul Northern District Court Decision 2009Da50183 Decided June 23, 2011

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

Purport of claim and appeal

1. Purport of claim

The defendant will implement the registration procedure for ownership transfer with respect to each share entered in the annexed inheritance list among 16,811 square meters of forest land in Namyang-si, Namyang-si, ( Address omitted) and 16,811 square meters of forest land.

2. Purport of appeal

The judgment of the first instance is revoked. All of the plaintiffs' claims are dismissed.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for this Court’s explanation concerning this case is as follows, except for the part of the judgment on the defendant’s argument in the fourth to twenty-one of the judgment of the court of first instance, and the part on the reasoning of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.

【The Defendant’s father, Nonparty 2, at the time of the Defendant’s existence, divided the deceased’s property into the deceased’s heir column in the annexed inheritance list at the time of the Defendant’s existence. The Defendant asserts that the instant lawsuit against the Defendant was in violation of the good faith principle even though the Plaintiffs did not make any contribution while supporting the deceased who was not the Defendant’s father. In addition, there is no evidence to support the Defendant’s assertion, and there is no evidence to support the Defendant’s assertion, and the filing of the instant lawsuit merely based on the circumstance alleged by the Defendant does not immediately violate

2. Conclusion

If so, the plaintiffs' claims in this case are justified, and the judgment of the court of first instance is just, and the defendant's appeal against the plaintiffs is dismissed as it is without merit. It is so decided as per Disposition.

[Attachment Succession List]

Judges Kim Jong-ho (Presiding Judge)