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(영문) 서울고등법원 2019.11.26 2019나2030653
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The Plaintiff asserted that the Defendant is the true owner of each claim stated in the purport of this Court, and sought implementation of the procedure for the registration of ownership transfer based on the restoration of title of each real estate, and sought preliminary implementation of the procedure for the registration of ownership transfer based on the right of subrogation on behalf of the co-defendants of the first instance court, the final heir of each real estate, based on the right of subrogation of the co-defendants of the first instance court.

The court of first instance dismissed the plaintiff's primary claim, and dismissed the part concerning each real estate listed in the list Nos. 1, 2, and 6 of the real estate in the annexed list No. 1, 2, and 5 of the preliminary claim, and accepted the part concerning each real estate listed in the same list No. 3 through 5.

Therefore, the scope of this court's trial is limited to the preliminary claim cited in the first instance judgment.

2. The reasoning of this court’s judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for partial dismissal as follows. Thus, it is accepted in accordance with the main sentence of Article 420

(다만 제1심 공동피고 2 내지 80만 관련된 부분은 제외). 제1심판결문 제5쪽 7행의 “C씨 휘 D”을 “C씨 18세손 휘(諱) D”으로 고친다.

The 10th day to 15th day of the first instance judgment are as follows.

[B] In light of the above legal principles, comprehensively taking account of the following circumstances, the following circumstances revealed by adding up the purpose of the entire pleadings to the health team, the basic facts and the evidence mentioned above as well as the evidence stated in Gap evidence Nos. 9, 10, 21, and 23 as to the instant case, the registration of preservation of ownership in the name of the defendant in the name of the Republic of Korea as to the real estate listed in the attached table Nos. 3 through 5 of the real estate list was destroyed, and there is no other fact as to the acquisition by succession. Thus, the registration of invalidation of the cause is a registration, and the plaintiff is entrusted with E, F, and H as of September 9

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