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(영문) 서울고등법원 2017.12.01 2017나2027707
경정등기말소 및 부당이득반환청구등
Text

1. The following part of the judgment of the court of first instance is revoked.

The Plaintiff

A. Defendant B, C, D, and E are 1.

Reasons

1. The grounds for this part of this Court’s reasoning are as stated in the corresponding part of the judgment of the first instance except for the reasons for appeal as follows. Thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The provisions of paragraph (1) of Article 1 are as follows:

“A. The Parties’ Status 1) The net G was 2 South Korea of the network V, and the network H was 4 of the network V.

On February 11, 1951, the deceased G succeeded to the rights and obligations of the deceased G.

2) On February 2014, the network H died and around February 2014, the Defendants, the heir of the Defendant B, C, D, and E (hereinafter in this context, as the wife I and his children, are “Defendant B, etc.”

(i) this network He succeeded to the rights and obligations of the deceased H. Around August 2016, the deceased by the deceased, Defendant B, etc. succeeded to the rights and obligations of the deceased I (the shares of the Defendants are 1/4 each.

3) On March 29, 1969, the network H established Defendant F in order to run a leasing business on the land, etc. listed in [Attachment 1 List 1 List 1].

[The fourth 9th 9th to the first 11th stma of the judgment of the court of first instance is as follows. 2) On June 8, 1952, the registration of transfer of ownership in the name of the deceased G was made on the ground of the receipt by the above registry office No. 1213 on March 30, 1947 (hereinafter “instant registration of transfer of ownership”).

) From the fourth fourth 14th to the fourth 15th 15th , “each of the registrations of correction of this case” of the first instance judgment is deemed to be “registration of correction of this case.”

The "Sale on February 28, 1971" (attached Form 5) in the last column of the fifth Table of the judgment of the first instance shall be deemed "Sale on April 14, 1971".

2. Determination on the cause of the claim

A. The parties’ assertion 1) The Plaintiff’s transfer registration of ownership in the instant case (the part concerning the instant land is referred to as the “transfer registration of ownership in the instant case” even when the Plaintiff entered into

The plaintiff, the heir of the net G, is the owner of the land in this case, since it has been completed after the net G death, but it is valid in accordance with the substantive relationship.

After the registration of ownership transfer of this case.

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