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Reasons
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(영문) 서울고등법원 2018.09.21 2017나2044184
소유권말소등기
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1. The part of the first instance judgment against the Defendants shall be revoked.

2. The above-mentioned cancellation part.

Reasons

1. Facts of recognition;

A. The relationship 1) The parties’ relationship 1) the net P (hereinafter “the network”).

The mother of the Plaintiff (1973), Appointers (1956), M (199), N (196), O (1975), Defendant B (1971) and J (1986), Q (1964) and R (1969) were living in the same family as the Deceased.2) Defendant B resided in the same family as the Deceased.

Defendant C, from 2011 to 201, was left as Defendant B and C, and completed the marriage report around April 2016.

3) On March 30, 2016, the Deceased died on or around 13:39, and the Plaintiff, designated parties, Defendant B and J, Q, R are co-inheritors with the same rank of co-inheritors. B. On April 25, 2012, the Deceased of the Notarial Deed of this case, a notary public, on April 262 of the No. 2012, “The Deceased,” under [Attachment 2 List No. 4, 5, 6, 8, 9, 10, 11, 12, and 1/2 shares of each of the real estate listed in Schedule No. 4, 6, 8, 9, 10, 12, and 23 real estate, among the real estate listed in Schedule No. 2 List No. 2, the deceased, shall be bequeathed to the Defendant (hereinafter “the instant will”).

3) An authentic will (hereinafter referred to as “notarial will of this case”)

C. The Defendant B completed the registration of ownership transfer in the Defendant B’s testamentary gift No. 1, 2, 3, and 4, 5, and 6 on April 8, 2016 on the basis of the testamentary gift No. 22695, based on the receipt of the Seoul Southern District Court’s receipt of the registry office as Seoul Southern District Court’s receipt of each of the 1/2 shares among the 1/6 real estate.

2) Defendant B entered into a contract with Defendant D and E to sell one half of each of the 1/2 shares out of the 1,2,3,4, and 5 real estate, and one-half shares of each of the 1/2 shares out of the 1,2,3, and 4, and 5, respectively.

Defendant B, on April 12, 2016, filed with Defendant D and E a registry office for each of the shares of 1/2, 4, and 1/4 of the shares among the shares of 1, 2, and 3 real estate, and 1/4 of the shares of 4, and 5 real estate.

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