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(영문) 서울고등법원 2017.01.26 2015나2063723
진정명의회복 등 청구
Text

The part of the judgment of the first instance against the main defendant C, D, E, F, G, H, I, and Seoul Livestock Industry Cooperative shall be revoked.

Reasons

1. Basic facts

A. A had the primary Defendants, N in South and North Korea, N, and his/her incidental, and currently lives together with N, South and North Korea.

B. A owned each of the lands listed in the separate sheet (hereinafter “each of the instant lands”). On April 29, 2014, A concluded a sales contract with the primary Defendant C, F, G, H, and I for each of the instant lands (hereinafter “each of the instant sales contracts”) and completed the registration of ownership transfer with the said primary Defendants on June 2, 2014 and June 11, 2014.

C. Since then, the registration of ownership transfer has been completed with respect to the entire portion of the land in the sequence 2 in the separate sheet Nos. 3, 5, and 6, and the ownership transfer was completed with respect to the portion of the land in the separate sheet No. 3, 5, and 6, and the whole portion of the land in the separate sheet Nos. 4 and 8, the ownership transfer registration was completed with respect to the primary Defendant H, the primary Defendant F, and G, via the partition of co-owned property,

On the other hand, as to the land No. 1 listed in the separate sheet on June 2, 2014, the primary defendant C, No. 4, 8, 9, and 10, the primary defendant G, No. 3,5, and land No. 6, the primary defendant C, the primary defendant C, and the land No. 1,4,8,9, and the land No. 10 in the separate sheet are completed from the date of the registration of the establishment of superficies for the purpose of owning buildings, other structures, or trees.

E. If the conclusion of each of the instant sales contracts and the establishment of mortgage rights and superficies are arranged, the registration number of an acquisitor who was the date of disposition of the registration number on April 29, 2014, which was the date of disposition No. 23912, Jun. 2, 2014, which was received on June 2, 2014 on June 2, 2014, the Defendant Seoul Livestock Industry Cooperatives (Seoul Livestock Industry Cooperatives, No. 23914, Jun. 2, 2014; No. 23915, Jun. 2, 2014; No. 23915, Jun. 2, 2014; No. 3915, Aug. 2, 2014;

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