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(영문) 서울고등법원 2012.05.17 2011나43992
소유권이전등기 등
Text

1. Of lawsuits concerning claims for change in exchange at the trial, the part concerning claims set forth in paragraph 1 of the annexed Table 2.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole with respect to the testimony of the AJ witness of the Party A, either written evidence Nos. 1, 4, 10, 14, and 15, as well as evidence Nos. 1, 14, and 21 (including each number), and as a whole.

Inheritance Relations (1) The deceased on December 22, 1989 and his spouse N, the Plaintiffs (F, 4 South Korea L, Women F, 3 Women H, 5 South A, 4 G), and P (M) deceased on December 26, 1985, the spouse of the Plaintiff J and his children, AK, AL, AM, and AM were their co-inheritors and relatives.

[Defendant asserted that N made a confession on or before December 22, 1989, but it is recognized that N died on or after August 16, 1996, as acknowledged in paragraph (3) below. Since it is reasonable to deem that the confession made by the Plaintiffs against the truth, the confession was lawfully cancelled by the Defendants’ declaration of cancellation of the preparatory document as of November 1, 201. Furthermore, the Defendants asserted that N’s date of death was different or that N remains at the time of the death of M, and therefore there is no dispute as to the fact that N remains at the time of the death of M. (2)O died on December 25, 2005, and thus, the Defendant B, C, D, and E, the spouse of the Plaintiff, became co-inheritors.

(3) On the other hand, the N, after the birth of K with M, entered the family register and completed the marriage report with NN on April 10, 1936 (Death on September 23, 1984) and then died on August 16, 1996 and became co-inheritors by the Plaintiff K, AO, and AP.

B. On May 29, 192, the registration of ownership transfer in the name of the Plaintiff on May 29, 192, with respect to each parcel of land listed in the separate sheet No. 1 (hereinafter “instant land”).

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