Plaintiff 1 and six others (Attorney Park Jae-sik, Counsel for the plaintiff-appellant)

Korea Land Trust Co., Ltd. and two others

Defendant 4 and 19 others

Intervenor 1 (Law Firm Jeong, Attorneys Park Jong-chul et al., Counsel for the intervenor-appellant)

Intervenor 2

August 23, 2006

Seoul Central District Court Decision 2003Ga366467, 2004Gaga326060 (Intervention), 2004Gaga326060 (Intervention) decided October 26, 2005

1. All appeals filed by Defendants 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23 and appeals filed by the first independent party intervenor and the second independent party intervenor (appointed party) are dismissed.

2. The costs of appeal shall be borne by each of the defendants 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and participants of the first independent party and participants of the second independent party (appointed parties).

1. Purport of claim

가. 본소 : 피고들은 원고들에 대하여 용인시 동천동 (지번 생략) 임야 856㎡(이하 ‘이 사건 부동산’이라 한다)에 관하여, 수원지방법원 용인등기소에 마쳐진 다음 각 등기의 말소등기절차를 이행하라. (1) 피고 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23(이하 ‘ 피고 7 외 17인’이라 한다)는 2003. 3. 27. 접수 제39620호로 마쳐진, 피고 7 13934592분의 2322432 지분, 피고 4 13934592분의 580608 지분, 피고 8 13934592분의 1492992 지분, 피고 9 13934592분의 995328 지분, 피고 10, 11 각 13934592분의 497664 지분, 피고 12 13934592분의 193536 지분, 피고 13, 14, 15 각 13934592분의 129024 지분, 피고 16 13934592분의 2612736지분, 피고 17 13934592분의 435456 지분, 피고 18, 19 각 13934592분의 1741824 지분, 피고 20 13934592분의 145152 지분, 피고 21, 22, 23 각 13934592분의 96768 지분에 관한 소유권보존등기, (2) 피고 4는 2003. 4. 11. 접수 제47338호(13934592분의 1741824 지분), 제47340호(13934592분의 1492992 지분), 제47346호(13934592분의 2322432 지분), 제47347호(13934592분의 193536 지분), 제47348호(13934592분의 129024 지분), 제47349호(13934592분의 129024 지분), 제47350호(13934592분의 2612736 지분), 제47351호(13934592분의 1741824 지분), 제47352호(13934592분의 96768 지분), 제47353호(13934592분의 145152 지분), 제47354호(13934592분의 96768 지분)로 마쳐진 각 지분이전등기, (3) 피고 6은 2003. 4. 11. 접수 제47339호 마쳐진 13934592분의 1808160 지분에 관한 지분이전등기 (4) 피고 5는 2003. 4. 11. 접수 제47341호(13934592분의 1647730 지분), 제47342호(13934592분의 995328 지분), 제47343호(13934592분의 497664 지분), 제47344호(13934592분의 497664 지분), 제47345호(13934592분의 129024 지분)로 마쳐진 각 지분이전등기, (5) 피고 3은 2003. 5. 24. 접수 제68296호로 마쳐진 13934592분의 6701184지분에 관한 지분이전등기, (6) 피고 2는 2003. 5. 24. 접수 제68296호로 마쳐진 13934592분의 6701184지분에 관한 지분이전등기, (7) 피고 대한토지신탁 주식회사는 2003. 8. 13. 접수 제114700호 및 제114701호로 마쳐진 각 13934592분의 6701184 지분에 관한 지분이전등기.

B. Intervention by the First Independent Party: It is confirmed that the instant real estate is owned by the Intervenor, etc. of the First Independent Party as shown in attached Form 2. The Defendants shall perform the procedure for cancellation registration of each registration stated in the purport of the claim against the Intervenor, etc. of the First Independent Party.

C. Intervention by the Second Independent Party: It is confirmed that the instant real estate is owned by the Intervenor of the Second Independent Party (hereinafter referred to as the Intervenor of the Second Independent Party) and the designated parties. The Defendants perform the procedure for cancellation registration of each registration stated in the purport of the claim against the 2 independent Party, the Intervenor, and the designated parties.

2. Purport of appeal

A. Defendants 4. to 23. and 2. Independent Party Intervenor: The judgment of the first instance court is revoked. The plaintiffs' claims are dismissed in entirety.

(b) An intervenor of the first independent party: A judgment of the first instance court shall be revoked, and a judgment such as the entries in the claims of the intervenor of the first independent party shall be sought.

1. Facts of recognition and the allegations of the parties

The reason why this Court should be explained on this part is as follows: (a) in addition to the addition of each part of the evidence Nos. 29-7, 8, 10, 24, and 25, which is newly submitted in the trial by recognized evidence, the corresponding part of the judgment of the first instance is the same; and (b) in accordance with Article 420 of the Civil Procedure Act.

2. Determination:

A. Death of Nonparty 1 and ownership of the instant real estate

In accordance with the former custom before the enforcement of the new Civil Act, in cases where a male of the married family of the head of the family dies without a male to inherit the head of the family, until the post-the-child is selected, the rights and property of the deceased who was inherited to the head of the family shall be succeeded to the post-the-child if the father was selected after temporary inheritance of the right and property of the head of the family until the post-the-child is selected, and even if the mother who died or left after temporary inheritance of the head of the family without being selected by the post-the-child, even if there is no person to succeed to the head of the family, the post-the-child will succeed to the right and property of the head of the family, but if the adopted child was selected within a reasonable period from the date of the death or the birth of the women of the head of the family to the post-the-child, his family will be interrupted, and if the adopted child of the married family is not selected within a reasonable period of time from the date of the death or the birth of the former head of the family, his family shall belong to the family.

However, the purport of devolving the miscarriage of family, which was cut off, to the nearest family head, is not for the succession of family head, but for the inheritance of family head and the relative nearest status of family head and the relative nearest to the former head of family. (Therefore, the child whose miscarriage belongs does not belong to the former head of family head of family head of family head of family head of family. (See Supreme Court Decision 90Da17729 delivered on May 24, 191, etc.). Meanwhile, the relationship between the adopted child and his/her biological family head of family head of family head of family and his/her birth family head of family head of family head of family head of family head of family head of family who succeeded to the child head of family head of family head of family and his/her birth family head of family head of family head of family head of family head of family head of family head of family head of family who did not belong to the former head of family head of family head of family head of family head of family head of family who did not belong to the former head of family head of family head of family.

With respect to this case, as recognized earlier, there was no male to inherit the head of family at the time of the death of Nonparty 1, his wife had already died, and the existence of Nonparty 4 was unclear at the time of the death. However, even if Nonparty 1 was surviving until October 1951 and temporarily inherited Nonparty 1’s miscarriage, as long as Nonparty 1’s (A) died before the enforcement of the new Civil Act without being selected by the ex post facto adopted, so long as Nonparty 1 died before the enforcement of the new Civil Act, and Nonparty 1’s surviving father’s surviving father and fourth degree of birth, Nonparty 1’s surviving father and fourth degree of birth was equally divided by Nonparty 18, 19, 20, 21, 222, 23, and 24(limited to the case where Nonparty 1’s surviving father and fourth degree of inheritance was determined by Nonparty 17’s surviving father and fourth degree of inheritance, and both Nonparty 1 and Nonparty 4’s remaining deceased children were determined by Nonparty 17.

B. Death of Nonparty 26 and attribution of ownership of the instant real estate

As acknowledged earlier, Nonparty 26 did not have descendants at the time of the death of Nonparty 26, and Nonparty 27, her wife, and Nonparty 28, her wife, the bereaved family, were not designated. As such, Nonparty 27, the mother, according to the order of respect of the wife, would have become the son and the property of Nonparty 26 to be inherited temporarily (However, according to the statements of Category C or No. 1 or No. 4 in this case, Nonparty 28, the wife, were succeeded to the deceased Nonparty 26, and the property of Nonparty 29, the deceased 27, the deceased 27, and the deceased 27, the deceased 27, pursuant to the new inheritance law, the deceased 295, the deceased 27, the deceased 27, the deceased 25, and the deceased 29, the deceased 25, the deceased 27, the deceased 25, and the deceased 2, the deceased 97, the deceased 2, the deceased 25, and the deceased 97, respectively.

C. Sub-committee

Therefore, the registration of preservation of ownership in the main claim in the name of Defendant 7 and 17, which is based on the premise that the relatives of Nonparty 27 succeeded to the real estate of this case, is the registration of invalidity of cause. The registration of preservation of ownership in the main claim in the name of Defendant 4, Korea Investment Trust Co., Ltd., Defendant 2, Defendant 3, 5, and 6 is also the registration of invalidity of cause of each share transfer in the same claim in the name of Defendant 4, Korea Investment Trust Co., Ltd., and Defendant 2, 3, 5, and 6. Thus, the defendants are obligated to perform the procedure of cancellation of each above registration against the plaintiffs who seek cancellation of each above registration based on the act of preservation as part of right holders of the real estate of this case. Meanwhile, as seen above, since the first independent party intervenor and the second independent party intervenor did not succeed to the ownership or shares of the real estate of this case, all of the aforementioned independent party intervenors' claims

3. Conclusion

Therefore, the plaintiffs' claims of this case are accepted, and all claims of this case of the first independent party intervenor and the second independent party intervenor are dismissed, and the judgment of the court of first instance is just in this conclusion, and the appeals of the defendant 4. to 23, and the first independent party intervenor and the second independent party intervenor are all dismissed. It is so decided as per Disposition.

[Attachment 1 and 2]

Judges Jeong Young-tae (Presiding Judge)