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(영문) 서울고등법원 2019.04.24 2018나2059336
소유권이전등기 말소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. The deceased C (hereinafter “the deceased”) married with the network D and formed a child E (ma), net F (mamb), G (ma), the Defendant (mamb), H (ma), and the Plaintiff (mamb). The deceased on May 22, 1982, the deceased on the part of the deceased.

B. He was divided into one thousand and categorized as one thousand and two hundred and twenty-five square meters (one real estate indicated in the attached list), one hundred and twenty-five square meters before J [20 square meters before and after J, 5,274 square meters (two-one real estate indicated in the attached list), one preceding five thousand and twenty-five square meters (4 real estate indicated in the attached list), one road, two hundred and sixty-five square meters (5 real estate indicated in the attached list), one hundred and sixty-five thousand square meters before N, five hundred and sixty-five square meters (6 real estate indicated in the attached list), one road, five hundred and sixty-five square meters (7 real estate indicated in the attached list), one hundred and sixty-five square meters before P road (7 real estate indicated in the attached list). The ownership transfer registration was completed on February 14, 1992; the ownership registration was entered in the attached list 165 square meters in the attached list; and the real estate ownership registration was entered in the attached list 17,1985 square meters in the attached list;

C. As to 1/2 of the deceased’s share in Tancheon-si T-si 4,066 square meters (where each of the real estate listed in the attached list is referred to as “each of the instant real estate”, the Defendant completed the registration of transfer of ownership in the Defendant’s name under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, hereinafter “Special Measures Act”) by submitting a letter of guarantee of E, G, and H on May 21, 1985, as a result of donation from May 21, 1985.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 16, and Eul evidence Nos. 1 and the purport of the entire argument as to the cause of the claim shall be determined by the plaintiff's assertion on May 10, 1985 ( March 21, 1985) where the deceased died and forged documents in the name of the deceased, and each real estate Nos. 1 through 9 in the annexed list shall be recorded on May 16, 1985.

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