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(영문) 대구고등법원 2016.01.14 2015나21814
소유권이전등기 말소 등
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts are not disputed between the parties, or can be acknowledged in full view of the entries in Gap evidence 1 to 5 and the whole purport of the pleadings.

1) Property inheritance relationship 1) Daegu Dong-gu E-gu 1,045 square meters (hereinafter “instant land”).

2) However, the F died on March 6, 1970.

As a result, G as the F’s spouse (C), H, I, and J are F’s children, and Defendant D jointly succeeded to F’s property, including each of the instant land, in lieu of K’s inheritance order, as the spouse (C’s wife) of K, who was the child of F earlier than F on June 29, 1957.

3) On the other hand, H died on December 10, 1976. As a result, theO, as the spouse of H, jointly inherited H’s property as the children of the Plaintiff, P, Q, R, S, and T as H. B. Registration relation 1) on March 10, 1970 as to the shares 2509/325 out of the instant land (hereinafter “instant shares”), on March 10, 1970 as to the shares 2509/325 out of the instant land (hereinafter “instant shares”).

7. The Daegu District Court, Daegu District Court and Daegu District Court received the registration of ownership transfer (hereinafter “registration of ownership transfer”) on the 10th of that month from the 10th of that month.

2) On June 12, 1972, the remaining 716/3225 shares (hereinafter “the remaining shares”) excluding the instant shares in the land.

With respect to the 11/110 shares among G, for each of 22/110 shares, H, I, J, each of 6/110 shares in each of 6/10 shares in each of 22/10 shares in each of the G, Defendant D and L future, 3/110 shares in each of 3/110 shares in each of the M future, N in respect of 18/110 shares in each of the 18/110 shares in each of N future, the Daegu District Court of Daegu and Daegu District on March 6, 1970 received on June 12, 1972 (hereinafter “the second ownership transfer registration”).

3) As regards the remaining shares of the land in this case, H, I, and J 22/110 shares and the aggregate of 3/110 shares in M and 69/110 shares in each N on February 23, 1972.

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