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(영문) 서울고등법원 2015.06.30 2014나56487
임대차계약무효확인 등
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. In the first instance trial, the Plaintiff sought from the Defendant the delivery of each real estate listed in the separate sheet No. 2, and sought the withdrawal from each of the above real estate as a preliminary one. The court of first instance accepted the claim for the delivery of each of the real estate listed in the separate sheet No. 1 among the primary claims, and dismissed all of the remaining primary claims and preliminary claims.

As the defendant appealed against the part against the defendant among the judgment of the court of first instance, the object of actual adjudication of this court is limited to the request for extradition of each part of the real estate listed in the attached Table 1 among the primary claims.

2. Basic facts

A. The relationship between the parties, etc. 1) The Defendant is the deceased D (Death on June 12, 2012, hereinafter “the deceased”).

A) At around 1975, he married with H and 1975, two children (B and R) were married with H and had a marital life, and the agreement was reached on November 10, 1993. However, around July 2006, the de facto marital relationship began with H while living with H in Gangnam-gu Seoul. (2) The Deceased was a child. (3) On July 2006, 2006, the Deceased provided the Plaintiff, E, F, G, H, and I with his child.

B. The Deceased (1) is the Jongno-gu Seoul Jongno-gu J and K’s ownership of land and the current status of the building, etc.)

22.4 square meters (hereinafter referred to as “K land”) and K 2.4 square meters.

As the actual owner of the land, the authority to manage and dispose of each of the above land has been exercised before the death on June 12, 2012. However, since around 1988, registration of transfer of ownership has been made in the name of the Plaintiff, I, H, and L. 2) as of 196, 17, 18, 19, 20, 21, 22, and 16 of the attached survey appraisal on the J land in sequence: (i) there is a building on the part of the J land and K land (However, the part caused by the damage is extended to M), (ii) there is a building on the part of the ship which connects each of the items of 16, 17, 18, 19, 20, 21, 22, and 16.

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