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(영문) 서울고등법원 2013.08.28 2013나12947
등기명의인표시변경등기말소등기
Text

1. The plaintiff's appeal and the conjunctive claim against the primary defendant added at the trial are all dismissed.

2...

Reasons

1. As to the instant case cited in the reasoning of the judgment of the court of first instance, the reasoning of this court is as follows: (a) adding a judgment to the Plaintiff’s conjunctive claim against the primary defendant at the court of first instance; and (b) except for the dismissal of some of the contents as follows, the reasoning of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act

2. 당심에서 고쳐쓰는 부분 ▣ 제1심판결서 제4쪽 제4행의 “대한불교교계종”을 “대한불교조계종”으로 고친다.

▣ 제1심판결서 제5쪽 제8행부터 제20행까지를 아래와 같이 고친다.

D. “The history of the land No. 1 through No. 3 as indicated in the [Attachment List No. 1] Gyeonggi-gun U.S. 4,204 square meters (hereinafter “the mother land of this case”).

on November 27, 1959, V 1,203, W 847, X 1,293, andY 861. 2) On October 6, 1975, the land listed in the separate sheet was subdivided from the above V 1,203, and the land listed in the separate sheet 2, 3 was subdivided from the above X 1,293 (in combination with the above V land; hereinafter “the land before the instant division”).

E. On November 6, 1965, the Plaintiff with respect to the small land before the instant partition, owned each of the above lands until now since the Plaintiff leased and cultivated the small-scale land to the small-scale Z on November 6, 1965, the above-V land, which is the land before the subdivision of the land indicated in the attached Table 1, and the above-X land, which is the land before the subdivision of the land, to AA.

F. As to each land listed in the separate sheet (hereinafter “each land of this case”), as to the land listed in the separate sheet No. 1 through 3, listed in the separate sheet No. 1), the name of the above D is “B (the primary defendant in this case)” on the ground of the change of name as the receipt No. 78883, Jun. 18, 2010, following the completion of the registration of transfer of ownership in the name of “D” under the High Government District Court Yangyang Branch Office No. 35940, Dec. 6, 1944.

(2) The change of the indication of each registered titleholder was completed. 4.2) The change of the indication of each registered titleholder was recorded in the annexed list.

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