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(영문) 전주지방법원군산지원 2016.08.12 2015가합11771

소유권이전등기

Text

1. The Defendants’ attached Form from the Plaintiff

3. The term "personal amount" in the detailed statement is simultaneously paid with each corresponding money.

Reasons

1. Basic facts

A. The parties 1) The Plaintiff is Gunsan-si E and 2 lots (hereinafter “instant improvement zone”).

(2) The re-building project of this case (hereinafter referred to as the "re-building project of this case")

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) shall apply.

(2) According to the reasoning of the lower judgment, the Defendants (including the deceased B’s legal counsel) are attached to the rearrangement zone in the instant case, with the authorization granted from the Governor of the Jeollabuk-do Gun Industrial Complex on October 19, 2012, and the establishment of the association was completed on October 25, 2012.

2. An individual owner of each of the instant real estate listed in the real estate list (hereinafter referred to as “each of the instant real estate”) or his/her heir is either the individual owner of the instant real estate or the heir of each of the instant real estate (hereinafter referred to as “each of the instant real estate”).

3) The Defendant deceased on January 13, 2016, when the instant lawsuit is pending, the owner of the real estate in paragraphs 12 and 13 of this case, and the Defendant deceased on January 13, 2016, and in this case, C, F (hereinafter “Defendant C” and “Defendant F”).

) In a civil lawsuit, whether there was an application to take over the instant legal proceedings in a joint inheritance of the network B’s own shares of 1/2, the issue of whether there was an application to take over the instant legal proceedings shall not be based on the form, such as the title of the relevant application form, but on the basis of its substance. Thus, even if the purport of the application to take the form of an application to take the correction of a party’s indication is deemed an application to take over the procedure, if the purport thereof is deemed an application to take over the procedure (see, e.g., Supreme Court Decision 2011Da113226, Nov. 27, 2014). On March 7, 2016, the Plaintiff submitted the application to correct the indication “Defendant B” as “C” and “F,” the said application form, notwithstanding its form, is in substance, regardless of its form such as the title.