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(영문) 서울고등법원 2014.11.14 2013나58424
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's preliminary claim added at the trial, the defendant B.

Reasons

1. In the first instance court, the Plaintiff filed a claim against Defendant B and Defendant C (hereinafter “C”) of the first instance court for the “performance of the procedure for ownership transfer registration regarding each of the 27.5/100 shares of each of the real estate listed in the separate sheet” and filed a claim against the Defendants for the “payment of damages caused by joint tort.” Accordingly, the first instance court accepted only the claim for performance of the procedure for ownership transfer registration and dismissed the remainder of the claim.

In this regard, only the plaintiff appealed against the part against the plaintiff among the judgment of the court of first instance, and the court added the claim for payment of money based on the completion of the mediation of the division of inherited property on February 12, 2007.

Therefore, only the remainder of each of the real estate listed in the separate sheet (hereinafter “instant real estate”) 27.5/100 shares, excluding the claim for the execution of the procedure for the registration of ownership transfer, shall be subject to the judgment of this court.

2. The following facts do not conflict between the parties, or may be acknowledged by considering the whole purport of arguments as a result of an order to submit tax information against Gap's 1 to 4, Gap's 7, 8, Eul's 1 to 4, Eul's 1 to 4, Eul's 1 and 2 (including the number of branch numbers), and the court of first instance to submit it to the Namyang market.

The deceased E (FF students, hereinafter referred to as “the deceased”) married with G, and among them, Defendant B and the Plaintiff were born in turn.

B. Upon the death of G, the Deceased re-born with C, and among them, H, I, and J were born in sequence.

C. On April 11, 2004, the Deceased died, and the Plaintiff, Defendant B, H, I, and J jointly inherited the rights and obligations of the deceased’s property.

Since then, the Plaintiff filed a lawsuit against Defendant B, C, H, I, and J for the division of inherited property with Seoul Family Court 2005Rahap63, and the aforementioned parties are as follows on February 12, 2007.

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