소유권말소등기
1. The plaintiffs' appeal and the preliminary claims added by this court are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. The deceased J (hereinafter referred to as the “the deceased”) is a clan member of the defendant clan, the plaintiff A is the deceased’s spouse, and the rest of the plaintiffs are the deceased’s children.
B. On September 7, 1971, the Deceased completed the registration of ownership transfer with respect to each of 1/13 shares of each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”).
Afterward, the ownership transfer registration was completed on February 12, 1997 in the Daegu Metropolitan City on March 5, 1997 on the share of 1,228/414,323 (i.e., the share of 1,228/414,323(i.e., the share of 1/13-13-1,28/28/414, 323), which was acquired by the Daegu Metropolitan City on the entire real property of 1) in the attached list No. 1 owned by the deceased on February 5, 1997, on the share of 1,228/31,87.
C. As the Deceased died on December 21, 2007, the Plaintiffs, the inheritor of the Deceased, succeeded to the shares of the Deceased on each of the instant real estate.
On July 7, 2011, Defendant clan filed a lawsuit against the Plaintiffs for the implementation of the procedures for the registration of ownership transfer against the termination of title trust with respect to the Plaintiffs’ shares in each of the instant real estate on the date of service of a copy of each complaint (Seoul District Court Decision 2011Da46743). Upon obtaining the consent of the Plaintiffs, Defendant clan entered all the Plaintiffs’ addresses in the complaint as “K of the Gyeongbuk-gun of the Gyeongbuk-gun,” and Plaintiff D received all the above complaint against the Plaintiffs on July 12, 2011.
On September 22, 2011, the Plaintiffs did not submit a written reply to the instant Daegu District Court 201Gadan46743 case, and the judgment in favor of the Plaintiffs was rendered on September 22, 201, and the said judgment was finalized on October 12, 2011.
(hereinafter “the final judgment of this case”). (e)
The defendant clan applied for subrogation on the ground of the claim for ownership transfer registration in the Daegu District Court 201Kadan46743 case, and the registration of ownership transfer was completed on January 3, 2012 on each of the real estate of this case on the plaintiffs on December 21, 2007.