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(영문) 서울고등법원 2018.06.28 2017나2073625
채권자대위청구의소
Text

1. Revocation of the first instance judgment.

2. The plaintiffs' primary and conjunctive claims against the defendant are all filed.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant had sons between AA (Death on September 26, 1965) and D (Death on October 24, 2017). A and D, other than E, F, G, H, I, etc., have five daughters.

(The 8 South and North Korea are ageed in the order of E, Defendant, F, G, Plaintiff A, H, I, and Plaintiff B). (B)

On March 6, 1970, the registration of ownership transfer was completed on March 6, 1970 with respect to the land of J 24 and K 511 (hereinafter collectively referred to as the “land before the instant subdivision”) in Cheongju-si.

C. After that, on February 15, 1978, the land prior to the instant subdivision was changed to “1,769 square meters prior to Cheongju-si, J.” The land indication was divided into two parts: 212 square meters (M), 11 square meters (N), and 20 square meters (P) in each order, and the registration of ownership transfer was completed in the third party. Since 43 square meters (R) were subdivided again, the land prior to the instant subdivision remains in the name of the Defendant.

① The Defendant completed the registration of transfer of ownership of each share to ASEAN (500/1483 shares) on the ground of the donation from Cheongju-si, J on December 23, 2005 (150/1483 shares) and to his/her [150/1483 shares] on the ground of the donation from Cheongju-si, the Defendant completed the registration of transfer of ownership of each share on the ground of the donation from Cheongju-si (2150/63769 shares) on May 3, 2007 (6450/63769 shares).

After that, the above 1,526 square meters became the “1,526 square meters before theJ in Cheongju-si,” following the combination of each land of the following 2: (a) on January 31, 2008, the ownership transfer registration was completed in the name of Cheongju-si due to the division and land category change; and (b) on July 19, 2016, the remaining land category of “1,483 square meters before J in Cheongju-si,” which is the remaining land, was changed to the parking lot.

(hereinafter referred to as “the J land of this case,” the land category of which has changed, is referred to as “the land of this case.” D. As to the history of changes in each of the above registered matters.

Defendant (166/296 shares), S (100/296 shares), T (30/296 shares), July 29, 2016, set half of their respective shares to V, and sold the remainder to W, respectively, while V and W sold the J land to W.

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