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(영문) 인천지방법원부천지원 2017.11.15 2012가합6966
소유권이전등기
Text

1. Of the instant lawsuit, the list of real estate attached to the Plaintiff F among the instant lawsuit is indicated in Articles 6 through 14, among the claims against Defendant F by the Plaintiff F.

Reasons

1. Of the instant lawsuit, whether the claim against the Defendant F among the instant lawsuit is lawful as to each of the lands listed in the attached table 6 through 14 of the real estate list 2 against the Defendant F among the instant lawsuit by the Plaintiff F.

A. Plaintiff B’s claim portion against Defendant F (hereinafter “Plaintiff B”) stated in Section 2(b) of the column for the purport of the amended claim for the modification of the purport of the claim as of November 21, 2016, “Defendant F shall implement the procedure for the registration of ownership transfer based on the cancellation of title trust with respect to the share indicated in Section 4 of the attached Table 3 among the real estate listed in Section 6 through 15 of the attached Table 2,” but Article 3(4) of the attached Table 3’s share states “The net BS shares (1/9) shall be purchased by the Plaintiff through auction after the Plaintiff was inherited to Defendant F.”

According to this, the above revised claims are inconsistent with the entry of the above revised claims and the entry of the attached list No. 4 of the attached list No. 3. However, even after the proceedings have been resumed for the purpose of arranging the claims, the plaintiff BJ did not arrange the above claims against the defendant F.

As a result, the part of the claim against Defendant F of the Plaintiff B regarding each land listed in Articles 6 through 14 of the attached Table 2 of the real estate list against Defendant F is unlawful because the claim is not specified.

B. The fact that Defendant T died on April 1, 1957, prior to the filing of the instant lawsuit by the part of the claim against Defendant T is as seen earlier.

In addition, the plaintiff BJ did not specify the purport of the claim against the defendant T.

Therefore, the claim against the defendant T among the plaintiff B is unlawful.

2. Plaintiffs’ claims against the remaining Defendants other than Defendant C, F, AU, AV, AW, BI, G, H, I, J, K, L, and T

A. The purpose of the Plaintiff Category A (hereinafter “Plaintiff Category A”) is to protect and promote graves by making adult members among the descendants of Article 16(b) of the List of Real Estate Claim Nos. 1 to 3 (the Claim Nos. 1 to 1) of the List of Real Estate Nos. 2 (the Claim Nos. 1 to 3).

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