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(영문) 대구고등법원 2017.01.11 2016나227

소유권이전등기

Text

1. The plaintiff's claim that is changed in exchange from the trial to the defendants is all dismissed.

2. The total cost of the lawsuit.

Reasons

1. In the first instance trial, the Plaintiff filed a claim for ownership transfer registration, monetary payment, preliminary claim for ownership transfer registration cancellation registration, and preliminary claim for ownership transfer registration based on an agreement made on August 3, 1998 with respect to the Defendants, and the first instance court rendered a ruling dismissing both the Plaintiff’s primary claim and preliminary claim. The Plaintiff added a claim for inheritance recovery while filing an appeal, but subsequently revoked the claim for inheritance recovery (see, e.g., Supreme Court No. 1 of Jul. 18, 2016), and subsequently changed the purport of the claim with respect to the claim for ownership transfer registration based on an agreement made on May 16, 197 and the claim for payment of money.

Therefore, the scope of the trial of the party is limited to the claim for the transfer of ownership and the claim for payment of money due to the agreement of May 16, 1997.

2. Basic facts

A. The previous land was owned by the Plaintiff and the deceased G (hereinafter “the deceased”). The deceased died on June 10, 1966. On October 18, 1979, the deceased completed the registration of ownership transfer (hereinafter “the ownership transfer registration in the deceased’s name”) under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 1977) with respect to the land before the land substitution in this case.

B. After that, the Deceased sold 515/212 of the land before the instant land substitution to I, and completed the registration of ownership transfer with I on October 31, 1996.

C. On April 27, 2009, the land prior to the instant land substitution was substituted with each land indicated in the separate sheet (hereinafter “instant land”) and JJJ 256.8 square meters in Gu and Si/Gu.

The Plaintiff against the Deceased was based on a false certificate of guarantee and a written confirmation, although the Plaintiff did not purchase the land prior to the instant land substitution from the deceased H by the Daegu District Court Kimcheon-gu, 2003Kadan96.