소유권이전등기말소
1. All appeals by the Defendants are dismissed.
2. The Defendants shall bear the total costs of the lawsuit after the filing of the appeal.
1. After remanding the case, the Plaintiff (Appointed Party) and the designated parties (hereinafter collectively referred to as the “Plaintiff, etc.”) requested the Defendants to register cancellation of ownership transfer registration completed in the name of the Defendants with respect to the share of 4/5 among the real estate listed in the attached Table 1 list, and the Defendant B filed a claim for cancellation of ownership transfer registration completed in the name of the Defendant B with respect to the share of 8/85 among the real estate listed in the attached Tables 2 and 3. The first instance court accepted the Plaintiff, etc.’s claim in full.
The Defendants appealed against this, and the judgment of the court prior to remand partially accepted the Defendants’ appeal, and revoked the part against the Defendants regarding real estate listed in the separate sheet No. 1 against the Defendants, which is the above part, and dismissed all the Plaintiff’s claim corresponding to the revoked part.
As a result of appeal by the plaintiff et al., the Supreme Court accepted all appeals by the plaintiff et al., and reversed the part against the plaintiff et al. before remanding and remanded.
Therefore, the part against Defendant B as to each real estate listed in the Attachment No. 2, 3 List against Defendant B, which is the part of the judgment prior to remand, is already finalized as the Defendant B did not appeal. Therefore, the scope of the trial after remand is limited to the above part as to the real estate listed in the Attachment No. 1 List.
2. Determination as to the cause of action
A. 1) D and E were the legal couple married on April 18, 1960, and the Defendant B was born on the F date among them. D and E divorced on September 14, 1961. 2) D have given birth to the Plaintiff, etc. as indicated in the following table while maintaining their de facto marital relationship with G, and G reported the birth of the Plaintiff, etc. as the natural father of H as the legal spouse of the Plaintiff, etc. at the time of birth.
Plaintiff
On March 15, 1968, AI on the date of birth AI on March 15, 1968, JK LM O 3) D on August 28, 1973, is a real estate listed in attached Table 1 (hereinafter “instant real estate”).
B owned on January 27, 2015, and the Defendant B died on June 2015.