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(영문) 대전고등법원 2017.05.26 2016나163
소유권이전등기
Text

1. The plaintiff's appeal against the defendant C is dismissed.

2. The plaintiff's change in exchange in this court in defendant B, D, and .

Reasons

1. The scope of this court’s trial against Defendant C filed, at the first instance court, for the registration of cancellation of ownership transfer registration as to the shares transferred from Defendant B, D, E, F, G, and H among the instant real estate, and for the registration of ownership transfer as to the shares inherited from theO. The court of first instance rejected the claim for ownership transfer registration and the claim for cancellation of ownership transfer registration.

As the plaintiff appealed against the above dismissed part, this Court will decide only on the claim for cancellation of ownership transfer registration with respect to the defendant C.

2. Basic facts

A. The status of the party is that the plaintiff is a clan formed with MC's 45 years of age as a serious group.

Defendant B is the wife of the deceased clan, who was the president of the Plaintiff clan, and the rest of the Defendants are the children of theO.

B. On January 30, 1985, the title of each land of this case is changed 1) On the real estate of this case, the co-defendant L of the first instance court (hereinafter “L”) who is the clan members of the plaintiff clan on January 30, 1985.

(2) On the ground of the sale as of March 15, 1963, the registration of ownership transfer was completed on April 10, 2008 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094). The O died on April 10, 2008. On January 29, 2009, with respect to the one-third share of theO among the instant real estate, the non-party Qa and the Defendants, the co-inheritors of theO, and each inheritance share (the shares inherited by the Defendant B, the O’s wife of the instant real estate, were 3/51, and the shares inherited by theO, Q and the remaining Defendants were 2/51).

3) Since then, Defendant B completed the registration of ownership transfer with Defendant C as the receipt of No. 73765 on July 12, 2013, on the ground that Defendant C’s shares (3/51 with respect to B/3/51) among the instant real estate were donated on April 9, 2013, and Defendant D, E, F, G, and H also completed the registration of ownership transfer with Defendant C.

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