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(영문) 대전지방법원 2019.01.30 2018나101909
소유권말소등기
Text

The plaintiff (Counterclaim)'s independent party intervenor (Counterclaim defendant) is added at the appeal and the trial.

Reasons

1. Scope of the judgment of this court;

A. The Plaintiffs and intervenors filed a claim for cancellation of ownership transfer registration against Defendant E, F, and G on the grounds that each of the real estate listed in the separate sheet (hereinafter “instant land”) becomes void, and for ownership transfer registration or cancellation registration based on preliminary agreement or legal reserve return. Upon filing a claim against Defendant H for monetary payment equivalent to the inheritance shares, the first instance court dismissed all of the claims against Defendant E, F, and G, and was sentenced to partial winning of the judgment against Defendant H.

The plaintiffs and intervenors appealed against the part against the plaintiffs and intervenors, respectively, and withdraw their respective appeals.

B. Meanwhile, the Intervenor claimed against the Plaintiffs that the agreement to transfer the net L's inheritance shares transfer between the Plaintiffs and the Intervenor on November 16, 2006 was null and void, and received a favorable judgment from the first instance court. The Intervenor appealed against the Plaintiffs.

C. Therefore, the scope of this Court’s trial is limited to the claim for confirmation of invalidity of the agreement to transfer the inheritance shares of the Intervenor on November 16, 2006, the part of the Intervenor’s claim against the Plaintiffs, and to the preliminary counterclaim raised in the trial.

2. Facts of recognition;

A. 1) The deceased on October 23, 1994, and his heir died, the wife L and children, and the O, the Defendant H, N, and the Plaintiffs (43 women) but among them, the O and the Defendant H renounced renounced their inheritance. 2) The above N died on September 25, 1997, and the wife and the son were succeeded.

3) L died on October 30, 2015. B. B. B. The Plaintiffs and intervenors owned approximately approximately 138 parcels (including the instant land without registration) including the instant land, and held title trust between N and P (N) on 127 parcels (so called “AA farm site”).

In addition, M will be paid-in capital around March 1961.

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