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(영문) 서울고등법원 2019.12.10 2019나2022522

소유권말소등기

Text

1. The plaintiffs' appeal and defendant G's appeal are all dismissed.

2. Of the appeal cost, between the plaintiffs and the defendant E and F.

Reasons

1. In the first instance court, the Plaintiffs filed for the registration of ownership transfer for their share of 1/20 shares among the real estate listed in paragraph (3) of the attached Table of the judgment of the first instance against Defendant G, and of 28.37/650 shares among the real estate listed in paragraph (4) of the attached Table of the judgment of the first instance. The first instance court rejected the remainder of the claim on the share of 364,187/10,579,00 shares among the buildings listed in paragraph (3) of the attached Table of the judgment of the first instance and the land listed in paragraph (4) of the attached Table of the judgment of the first instance.

As to this, Defendant G only appealed against the cited portion of the above claim, the subject of the judgment of this court is limited to the cited portion as above.

2. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the following modifications and 3. Additional decision-making parts, and thus, citing it pursuant to the main sentence of Article 420 of the Civil Procedure Act.

(However, among the judgment of the court of first instance, the part of the plaintiffs' rejection of the plaintiffs' claim against the defendant G is not included in the scope of the judgment of this court). [In the case of the judgment of first instance, the part of the court of first instance shall be revised to the "Appraiser" for each of the 5th, 16th, 7th, 7th, respectively.

6 pages 5 of the first instance court's text is amended to "the first instance court".

Defendant F is amended to “Defendant G” in the first instance judgment 6 pages 5.

The 12 pages 12, 3, and 7 of the first instance judgment shall be amended to the "witness of the first instance trial" respectively.

The 3th page 12 of the first instance judgment is amended to X.

3. Additional determination

A. The Plaintiffs, other than the Plaintiffs, donated the instant Busan Real Estate to Defendant E and F, who was the son of the Deceased, based on the intention of all of the deceased except for the Plaintiffs. Therefore, the said gift is substantially a donation to L/K, who is the father and the co-inheritors of the deceased.