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(영문) 서울고등법원 2017.05.25 2016나2018423
소유권이전등기말소
Text

1. All appeals by the Defendants are dismissed.

2. In accordance with this Court’s expansion of claims (Incidental Appeal).

Reasons

1. The reasons why the court should state this part of the basic facts are the same as the corresponding part of the judgment of the first instance, and thus, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

From the third to fourth of the first instance judgment, the second to fourth of the judgment shall be followed as follows.

A. On May 4, 193, E completed each registration of preservation of ownership with respect to the F. F. 635 square meters in Gyeonggi-gun, Gyeonggi-do, and the 777 square meters (2,569 square meters in size, July 9, 1990, the lot number of which was changed to E. 3,362 square meters in size) and the 3,362 square meters in Gyeonggi-gun P. The registration of preservation of ownership was completed as follows.

E. On July 9, 1990, Defendant D completed the registration of transfer of ownership on the land of 635 square meters in F. 65 square meters in Gyeonggi-gun, Gyeonggi-gun, G, Gyeonggi-do, and 3,362 square meters prior to Gyeonggi-si P, Suwon District Court, No. 29818, which was received on July 9, 1990, based on sale on January 10, 1983. (f) On July 9, 1990, 2,569 square meters in G. 2,569 square meters in G, Gyeonggi-gun, Gyeonggi-gun, and 2,157 square meters in [Attachment 2,2,157] on the land of 50 square meters in G, Gyeonggi-gun-gun, and 300 square meters in [Attachment 2,157], each of which was changed to 35 square meters in [Attachment 2,157 square meters in [Attachment 1, 2010.

2. The reasons why the court should state this part of the judgment as to the main defense are excluded from adding the following contents between the 5th judgment of the first instance and the 14th judgment.

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