beta
(영문) 서울고등법원 2019.09.10 2018나2068897

경정등기말소 및 부당이득반환청구등

Text

1. The following part of the judgment of the court of first instance is revoked.

The Plaintiff

(a) Defendant B, C, D, and E are:

Reasons

1. The abbreviation of the basic facts is governed by the judgment of the court of first instance.

The reasoning for this part of this Court is that the corresponding part of the judgment of the court of first instance is identical to that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420

The third half to fourth half of the judgment of the court of first instance shall be conducted as follows.

“1) The net G was 2 South Korea of the network V, and the network H was 4 South Korea of the network V.

On February 11, 1951, the deceased G succeeded to the rights and obligations of the deceased G.

2) The Defendant B, C, D, and E (hereinafter referred to as the “Defendant B, etc.”) who died on or around February 2014 by the network H, and whose wife I and children are the Defendant B, C, D, and E (hereinafter referred to as “the Defendants”).

(i) this network H’s rights and obligations were inherited. Around August 2016, the network I died, and Defendant B, etc. succeeded to the rights and obligations of the network I (the shares of inheritance of Defendant B, etc. are 1/4 each.

3) On March 29, 1969, the network H established Defendant F in order to run a leasing business on the land, etc. listed in [Attachment 1 List 1 List 1].

"G" in the fourth 3,13, and 14 of the judgment of the court of first instance shall be deemed to be "W G", and "H" in the 12,13th 12 and 13th 8th 4th 8th 8th 100 of the judgment of first instance shall be added "provisional registration" (hereinafter "provisional registration of this case"). "Provisional registration of this case") shall be as follows: "The fourth 9 to 11th th th th of the judgment of first instance shall be taken on June 8, 1952 with the receipt of the above registry office on March 30, 1947" as "the transfer registration of ownership in the deceased G name" (hereinafter "the transfer registration of ownership of this case").

(ii)iv 12 to 13 of the first instance judgment of "the instant real estate" has been filed with "the instant real estate transfer registration".

The "registration of each correction of this case" in the fourth 14~15 of the judgment of the first instance shall be filed with the "registration of correction of this case".

"Sale on February 18, 1971," in the last column of the fifth Table of the judgment of the first instance, has been engaged in "Sale on April 14, 1971".

2. Determination on the cause of the claim

A. The summary of the cause of the claim is that the transfer of ownership in this case is registered.