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(영문) 서울고등법원 2017.05.11 2015나2061505
소유권말소등기
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall enter the attached list to the plaintiff (appointed party) and the appointed party.

Reasons

1. Facts of recognition;

A. C, D, network E, F, and network G purchased the instant real estate on August 31, 197 with each one/4 of C, D, and network E, F, and network G each of 1/8 of each of them. As a result of a mistake in the process of filing an application for registration, the registration of ownership transfer for each of the instant real estate 1/5 of the instant real estate was completed in the future C, D, network E, F, and network G.

B. After that, the registration of ownership transfer was completed on March 6, 1986 with respect to the one-fifth share in the name F among the instant real estate, and on the one-fifth share in the name C, the registration of ownership transfer was completed on May 13, 198 for each transaction in Q.

C. As to the instant shares, a sales contract was prepared between the deceased G and the Defendant with the purchase price of KRW 300,00,000 on November 10, 2012 (hereinafter “instant sales contract”). On November 26, 2012, the registration of ownership transfer was completed due to the sale as of November 10, 2012 in the Defendant’s name. At that time, the deceased G was hospitalized in a state where he was not able to express consciousness due to dementia, etc.; the Defendant was issued with the deceased’s personal seal impression, identification card, etc. from the Plaintiff, who was the Plaintiff’s children, and completed the procedure for the registration of ownership transfer.

The deceased G died on January 19, 2013, and the heir is M, N,O, and P, the wife L, the plaintiff and the selected person, the child, and the heir.

E. Meanwhile, the deceased on December 18, 2012, and the deceased on December 18, 2012, the deceased on the part of the deceased, and there was the inheritor, his child, V,W, and the Intervenor U, but thereafter, the inheritor, V, and W renounced inheritance in consultation with the Intervenor.

[Reasons for Recognition] The facts without dispute are as follows: Gap evidence 1 through 6-1, 2, 7-1 through 5, Gap evidence 8-1 through 9, Gap evidence 9, 15-1, 2, 3, Eul evidence 16, Eul evidence 7-1 through 6, Eul evidence 8-1 through 5, Eul evidence 9, 14-1 through 4, Byung evidence 7-1 through 7, Byung evidence 8, 9-1, 2, and 3-1, 2, and 3-1, 2, and 3-1, 2, and 5-2, each evidence of the first instance trial, witness Q, X-1, and the purport of the whole pleadings.

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