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(영문) 서울고등법원 2018.02.02 2017나2066535

소유권이전등기

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1. The part ordering payment by this court prior to the remand, namely, KRW 68,348,714 against the Defendant A and 20.

Reasons

1. After remand, the first instance court, which was subject to the judgment of this court, recognized all the plaintiffs' claims seeking the implementation of the procedure for ownership transfer registration, and sentenced to the judgment ordering the payment of the amount equivalent to the plaintiffs' shares in inheritance as to the amount of money equivalent to the market value of the defendant's real estate sold and the amount equivalent to the rent from January 1, 2005 to June 30, 2015.

In the previous case before the remand that was pending by the appeal by both the plaintiffs and the defendant, this Court recognized only the portion equivalent to the inheritance shares of the plaintiffs (the part recognized by the first instance court and the part extended by the plaintiffs before the remand) equivalent to the inherited properties of the plaintiffs from January 1, 2005 to December 31, 2016, among the real estate used and used by the defendant, and dismissed all the plaintiffs' claims corresponding to the revoked portion.

The plaintiffs appealed on the part against them, but the defendant did not appeal the part against the judgment prior to the remand, and the part of the claim for the rent equivalent to the rent for the land AB became final and conclusive as it is.

Therefore, the subject of this Court's adjudication is limited to the remaining part except the finalized part.

2. The reasoning of the court of first instance’s acceptance of the judgment is as follows, and such reasoning is identical to the reasoning of the court of first instance, and thus, is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act.

3. Parts used or added;

A. Of the judgment of the court of first instance, the expression “appraisal” shall be written en bloc with the Appraiser of the first instance court, and the 7th parallel of the judgment of the court of first instance shall be written with “ June 30, 2015” on December 31, 2016.

B. The following is added between the 9th day of the first instance judgment and the 10th day of the first instance judgment:

“The Defendant shall be entitled to the real estate in AM-dong (hereinafter referred to as “AM-dong”) at the time of broad real estate inherited from Dong E’s sole property and D, the agreement of this case was signed by the Defendant.