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(영문) 수원지방법원 2018.08.09 2015가단8502

소유권이전등기말소 등

Text

1. The plaintiff's actions against the defendant B, C, D, E, F, G, H, I, and J are all dismissed.

2. The Plaintiff’s Defendant (Appointed Party) N.

Reasons

1. Basic facts

A. The real estate of Q2,194 square meters in Ansan-si (hereinafter “instant real estate”) is the land whose original network R has completed the registration of ownership preservation on April 22, 1927. The network S completed the registration of ownership transfer on March 23, 1938 on the instant real estate due to the consultation and division on March 23, 1938.

B. On July 14, 2004, Defendant J completed the registration of ownership transfer based on the sale on July 13, 2004 (hereinafter “instant sales contract”) with respect to the instant real estate.

C. Each of the preceding judgments 1 of the instant case filed a lawsuit against Defendant J, etc. for registration of transfer of ownership by Suwon District Court Decision 2005Kadan14248, which was the Suwon District Court Decision 2005Da14248, and the network S participated in the said lawsuit as a supplementary intervenor by Defendant J, etc.

On October 16, 2007, the above court rendered a judgment that “The real owner of 4/5 shares out of the instant real estate is the son of U, and the J shall implement the procedure for the registration of ownership transfer on the ground of the real estate in the name of the deceased T” on the ground that the registration of ownership transfer in the name of the deceased T is null and void. Defendant J, etc. appealed against the above judgment and filed an appeal with Suwon District Court 2007Na22979, which was the Suwon District Court, and Defendant B, C, and D, the heir of the instant real estate, died while the lawsuit was pending in the above appellate court, and C, and C, and D, the heir of the real owner of 4/5 shares out of the instant real estate.”

On May 12, 2009, the above court dismissed Defendant J’s appeal and changed the order of the court of first instance to B, C, and D’s implementation of the procedure for ownership transfer registration due to the restoration of authentic names by one-third of shares of each of the instant real estate, respectively, to B, C, and D.

‘Judgment' was pronounced.

As to this, Defendant J filed an appeal by Supreme Court Decision 2009Da42321, and the Supreme Court rendered a judgment of reversal and return on October 15, 2009.

After remanding to Suwon District Court 2009Na29684, the above court in the appellate trial.