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(영문) 서울중앙지방법원 2019.05.15 2018나55083

소유권이전등기절차이행청구

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1. The part against the defendant in the judgment of the first instance is revoked.

2. The defendant is the first instance court among the real estate stated in the attached list.

Reasons

1. Basic facts

A. On July 10, 1980, the deceased G (hereinafter “the deceased”) was sold from the Defendant the real estate indicated in the separate sheet (hereinafter “the instant real estate”) at KRW 26,670,00 for the sale price.

B. The Deceased died on October 17, 2012, and the E and F (hereinafter “Co-defendants of the first instance trial”) who were co-defendant D and their children, succeeded to the Deceased.

C. On December 31, 1999, A filed a lawsuit against the co-defendants of the first instance court claiming that he purchased the instant real estate from the deceased on December 31, 199, and claiming the implementation of the procedure for ownership transfer registration against the co-defendants of the first instance court, who are the deceased’s inheritors. The first instance court rendered a favorable judgment after the co-defendants of the first instance court deemed that the co-defendants of the first instance court had been absent after being notified of the date

In the first instance court, the Plaintiff filed an appeal against the co-defendants of the first instance court, even after winning the entire award, but withdrawn the appeal against the co-defendants of the first instance court on April 17, 2019.

On the other hand, A died on November 16, 2018 while the appellate trial was pending, and the plaintiffs, their children, taken over the status of A.

(hereinafter referred to as “the network A and the plaintiffs” hereinafter). [Grounds for recognition] The fact that there is no dispute, each entry of Gap evidence Nos. 1 through 14 (including Serial numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. Judgment on the defendant's main defense

A. As to the instant case where the Plaintiff, etc. asserted by the Defendant as the right to claim ownership transfer registration against the co-defendants of the first instance trial by subrogation of the co-defendants of the first instance trial as the right to claim ownership transfer registration against the Defendant, the Defendant did not have any evidence to acknowledge that A purchased the instant real estate from the deceased, and even if A purchased the said real estate, the right to claim ownership transfer registration against the co-defendants of the first instance trial.