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(영문) 서울고등법원 2014.08.20 2013나8979

소유지분권이전등기말소등

Text

1.The judgment of the first instance shall be modified as follows:

All of the plaintiffs' claims are dismissed.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The status of the parties and the inheritance-related Plaintiffs are married to the network G, the owners of the instant forest, and the Defendant is the children of the network G, who are the siblings of the network G, and the relationship between the Plaintiffs and the deceased.

As the deceased on March 4, 1974, the ownership of the forest of this case was inherited to the successors listed below (hereinafter referred to as co-inheritors) in the proportion of inheritance shares in the following table:

No heir No. 1 3/14-2 net H (C., South, Australia) P 3/14 Plaintiff A (V, unmarried) Q1/14 J 4 Plaintiff B (V, unmarried) 2/14 Plaintiff B (V, unmarried) 1/14 Plaintiff C (V, unmarried) 1/14-7 Plaintiff D (V, unmarried) 1/147 Plaintiff C (V, unmarried) 1/147, U 1/148 K (V 2/149 L) 2/14

B. On June 15, 1979, when five years have elapsed since the date when the transfer registration of ownership was completed in Suwon G, the forest of this case was completed on June 15, 1979, the registration of transfer of ownership was completed in accordance with each inheritance share ratio, such as the above list, among co-inheritors on the ground of inheritance on March 4, 1974. The registration of transfer of ownership (hereinafter “the ownership transfer registration of this case”) was completed on the ground of sale on June 15, 1979 by the registration office of Suwon District Court for the same date as the above list.

On the other hand, the sale certificate included in the certificate of registration right (No. 2) of the ownership transfer registration of this case (hereinafter the sale certificate of this case) is written by the co-inheritors as the seller. The name and seal of the deceased H, I, J, Plaintiff A, and Plaintiff B as the minor at the time, and the name and seal of the mother I, who is the person in parental authority, is the legal representative of Plaintiff C, Plaintiff D, K, and L.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4, Eul's evidence 1 and 2 (including numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination on this safety defense

A. The defendant's assertion that the plaintiffs asserted as to the forest of this case is the share ownership.