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(영문) 서울고등법원 2015.12.02 2014나2027058

소유권이전등기 등

Text

1. Of the judgment of the first instance court, the parts against Defendant D and Defendant G are modified as follows:

Defendant 1.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for “the parts to be modified” under paragraph (2) below, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a) both Defendant C, on the 5th page C of the first instance judgment, shall be changed to “the network C”, and the 5th page “Defendant C” shall be changed to “Defendant B, D, E, F, G, H and network C”, respectively.

(b)in Part 5, the following shall be added to the decision of the first instance court:

“E. On the other hand, C died on June 20, 2015, when the trial was in progress, and his heir was W, X, and Defendant V. However, on September 2, 2015, Defendant V completed the registration of transfer of ownership on the ground of inheritance by consultation and division on June 20, 2015, and took over the status of the deceased C’s party at the trial.”

(c) the end of Part 5 of the first instance judgment “Ma” in Part 16 shall be read as “F”;

Each entry of subparagraphs A through 5 (including each number; hereinafter the same shall apply) in the grounds for the recognition of the head of the 7th judgment of the first instance court [the grounds for the recognition of the head of the 7th instance judgment] shall be "each entry of subparagraphs A through 5 (including each number; hereinafter the same shall apply]."

(e) to delete the “(i)” in Part 7 of the first instance judgment.

(f) Decision 3-C of the first instance court; and

The part of paragraph (10) (from 15, up to 12, up to 13), shall be dried as follows:

1) In full view of the purport of the entire arguments as a result of each appraisal by the appraiser J and Y of the first instance trial, the market price of each of the instant real estate is KRW 2,032,80,000 for each of the instant real estate, KRW 2,37,00 for each of the instant real estate, KRW 118,237,00 for each of the instant real estate, KRW 184,320,00 for each of the instant real estate, KRW 5 real estate of KRW 184,320,00 for each of the instant real estate, and KRW 6 real estate of this case.