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(영문) 서울고등법원 2018.06.29 2017나2072875

소유권이전등기

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1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The party status 1) Defendant B is the Plaintiff of the first instance trial (hereinafter “A”).

The F (Death on November 1, 200)’s son’s son’s wife, and Defendant C, D, and E are children of Defendant B and F. (2) As a result of the death of December 15, 2017, during which the trial was pending, A succeeded to A’s rights and duties at the rate of 1/4 each of their children, and the rest of 1/4 was inherited by the Defendants on behalf of the Defendants.

3) As A dies, O, P, and N took over the instant lawsuit (the foregoing taken over).

(2) The plaintiffs reduced the claim for the return of 3/4 shares of each property or purchase price listed in the separate sheet. (2) On November 5, 2003, with respect to each land listed in the separate sheet (3) Nos. 1 through (4) of the real estate list (the real estate ownership of Defendant B) owned by G on November 5, 2003, the registration of ownership transfer was completed on November 4, 2003 in the name of Defendant B, and on November 16, 2006, each building listed in the separate sheet (1) of the real estate newly constructed on the above land (hereinafter referred to as “factory No. 1”). The registration of ownership transfer was completed in the name of Defendant B as to each building listed in the separate sheet (hereinafter referred to as “instant factory building”).

2) The registration of ownership transfer was completed on May 16, 2005 with respect to each parcel of land listed in [Attachment 3] Nos. 5 through 11 of the Attached Real Estate List (3) owned by H on May 24, 2005 under the name of Defendant B on May 16, 2005. (c) The registration of ownership transfer was completed on May 17, 1995 under the name of Defendant E on May 18, 1995 with respect to one-half portion of each parcel of land listed in Attached 1, 3, and 4 of the real estate list (2) owned by Defendant E on May 16, 2005.

2) On June 18, 2004, with respect to each land listed in Section 6, 8, and 9 of the [Attachment A] List of Real Estate (2) that was owned by Defendant E, the registration of ownership transfer was completed on the ground of donation on June 17, 2004 under the name of Defendant E. (3) April 4, 2001, newly constructed on each land listed in Section 1, 4, and 6 of the [Attachment A] List of Real Estate (2).