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(영문) 수원고등법원 2020.05.13 2019나18569
소유권말소등기
Text

1. A claim extended by the Plaintiff (Appointed Party) Party B, the lawsuit of the Plaintiff (Appointed Party A), and the Plaintiff’s deceased Party A.

Reasons

1. The reasoning for this part of the facts admitted is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except that the court has partially dismissed the reasoning for this part as follows. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 2: Each real estate listed in the attached Form 19 (hereinafter referred to as "each of the real estate of this case") shall be filled with "attached Form 1 through 3 real estate (hereinafter referred to as "each of the real estate of this case")" as "attached Form 1 or 3."

Part 2, "A pending lawsuit" in Part 21 shall be applied to " pending trial in the first instance."

Under Chapter 4, the 14th and 15th National Assembly (hereinafter referred to as "the 15th and the 15th and the 1996th and the 30th of December 30, 1996) accepted the registration of ownership preservation."

2. The plaintiffs' assertion

A. 1) Plaintiff B’s assertion and Defendant E’s primary assertion in the instant agreement were concluded, on the premise that each of the instant real estate was owned by the Deceased, returned each of the instant real estate to the Deceased at the time of his request, or agreed on a device in excess of the ownership to a person designated by the Deceased (hereinafter “instant agreement”).

A) The Deceased filed the instant lawsuit against Defendant E, and sought the return of each of the instant real estate to the Deceased in accordance with the instant agreement. Accordingly, Defendant E is obligated to perform the procedure for ownership transfer registration regarding each of the instant real estate’s shares in inheritance (However, Plaintiff C is not the deceased’s heir, and Plaintiff C is not the deceased’s heir, and the deceased’s heir is seeking ownership transfer registration procedure regarding each of the inheritance shares except the deceased’s heir’s heir.

2) The Plaintiff C’s conjunctive assertion No. 1, 2 real estate indicated in the separate sheet No. 1, 1972 was leased by the Deceased and engaged in popon business, and the real estate was listed in the separate sheet around July 1983, which was before the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

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