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(영문) 서울고등법원 2015.07.17 2014나54436
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The reasons stated in this part of this Court are as follows, except for those parts written by the court, and therefore, it is identical to the statement “1. The reasons leading to the dispute in this case” in the first instance judgment. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Defendant C and D shall all be put into “Co-Defendant C and D of the first instance trial”.

The term "Plaintiff" shall be added to "E".

2. The court's reasoning of this part concerning the cause of the claim is the same as the defendant's corresponding part of the judgment of the court of first instance "2. Judgment on the cause of the claim". Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

3. Judgment on the defendant's defense

A. As to the claim regarding “F’s withdrawal of the legacy”, the summary of the Defendant’s assertion stated that “F will donate the instant real estate to the Defendant” through several times after the instant legacy, thereby lawfully withdrawing the instant legacy. 3) The judgment was based on the evidence presented by the Defendant, and it is difficult to view that F withdrawn the instant legacy only with the evidence presented by the Defendant.

Therefore, this part of the defendant's argument cannot be accepted.

B. On November 26, 2012, regarding the assertion of “E’s waiver, etc. of rights following the instant legacy”, the Defendant and the first instance court co-defendant C, D (hereinafter “C”, “D”) agreed on November 26, 2012 that “The Defendant among the instant real estate shall own 3/9 shares, E shall own 4/9 shares, 4/9 shares, and 1/9 shares, respectively.”

B) In accordance with the above agreement, E renounced the part corresponding to the shares (3/9 shares) to be owned by the Defendant out of the instant legacy, or renounced the part corresponding to the shares to be owned by the Defendant out of the ownership of the instant real estate acquired as a result of the instant legacy, and ratified the Defendant’s right to such part as lawful). Therefore, the part of the Defendant’s shares among the instant real estate is legitimate.

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