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(영문) 서울고등법원 2018.08.29 2017나2047244
소유권이전등기
Text

1. Of the judgment of the court of first instance, each part of the real estate listed in the separate sheet No. 1 included in this court.

Reasons

1. Objects of adjudication of this Court;

A. The Plaintiff filed a claim against the Defendants and D (the heir of the deceased at the time of the deceased’s death) who are co-inheritors of the deceased F (hereinafter “the deceased”) for the implementation of the procedures for the registration of transfer of ownership due to an agreement on November 10, 2013, based on the provisional registration stated in the separate sheet No. 1 as to each one-fourth share of the real estate listed in the separate sheet No. 1 (S.) on June 30, 1992, on the basis of the provisional registration stated in the separate sheet No. 1, or on the ground of trade on June 30, 1992, or on June 30, 1992; and one-eight share of each real estate listed in the separate sheet No. 2 list.

B. The first instance court accepted the claim against D in entirety, and among the claims against the Defendants, the claim for each real estate listed in the separate sheet No. 1 was dismissed, and the claim for each real estate listed in the separate sheet No. 2 was accepted, and only the Plaintiff appealed.

On the other hand, the defendants filed a petition for adjudication of disappearance with D on March 30, 2018, and the life or death of the defendants was unknown for at least five years since June 28, 1963, and the period of disappearance expired on June 29, 1968.

'Pursuant to the adjudication of disappearance, the Defendants asserted that they succeeded to D and filed a subsequent appeal on April 4, 2018 regarding D in the first instance judgment.

C. On May 19, 2018, the Plaintiff appears to have already died on February 29, 1968, which is the expiration date of the adjudication of disappearance. Therefore, on the grounds that inheritance, as alleged by the Defendants, could not occur, the Plaintiff amended the purport of purporting to extend the claims against the Defendants regarding each real estate listed in the separate sheet No. 1 from 1/4 to 1/3 shares, respectively. On July 18, 2018, the Plaintiff withdrawn the lawsuit against D as at the third date for pleading of the first instance trial, and the Defendants consented thereto.

Ultimately, the object of this court's adjudication is among the real estate listed in the annexed Table 1 according to the plaintiff's appeal and the expansion of the plaintiff's claim in the trial.

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