beta
Text
1. The Defendant’s share of 72/665 to Plaintiff A and 36/665 to Plaintiff B, among the “3478 square meters prior to D in P in Sejong-si.”
Reasons
The land stated in Paragraph 1 of the Disposition (hereinafter “instant land”) was owned by E, and the register was destroyed due to the disaster of June 25.
In around 1972, E died, and as his heir of his property, there had been L, who had already been deceased as the substitute heir of the F (F), H (C), Plaintiff A (C), Plaintiff B (C), and E, I, C, C, K, and g, who had been married. G died on November 17, 1974, and H, Plaintiff A, and Plaintiff B succeeded to G’s property.
On August 14, 1993, the registration of the transfer of ownership in the name of J was completed through the preservation registration in the name of J and the transfer registration in the name of M.
In the above case, H, the south of F, filed a lawsuit against the Defendant seeking the cancellation of the ownership transfer registration of the instant land. On November 18, 1998, on the ground that both the preservation registration in the name of J and the registration of the transfer in the name of the Defendant based on the said registration are null and void, the judgment of “the Defendant shall implement the procedure for the cancellation of ownership transfer registration with respect to the portion of 102/665 out of the instant land to H” (the Seoul District Court Branch Decision 97Da42052 delivered on November 18, 1998), and the above judgment became final and conclusive.
H again filed a lawsuit against the Defendant seeking the registration of ownership transfer on the ground of the restoration of real name regarding the instant land (U.S. High Court Decision 2017Gadan4426). According to the decision of recommending reconciliation on July 3, 2017 of the instant case, the registration of ownership transfer was completed in H’s name with respect to the portion of 102/665 out of the instant land.
[Ground of recognition] Fact-finding, Gap evidence Nos. 1-4, and the purport of the entire pleadings are as follows. The plaintiff's share of inheritance among the land in this case is 72/665, and the share of inheritance in the plaintiff Eul is 36/65, and the defendant takes the registration procedure for transfer of ownership based on the restoration of real name to Gap, while the share of 72/665 among the land in this case is 36/65.