logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2011.11.09 2011나3857
부동산소유권이전등기
Text

1. The Plaintiff’s appeal against Defendant L, N, X shall be dismissed, respectively.

2. The Plaintiff’s appeal against Defendant B and C respectively.

Reasons

1. Basic facts

A. On August 8, 1979, I registered and owned a lot of land in its own name, including each land listed in the separate sheet (hereinafter “instant land”).

At the time I's heir had wife J, the plaintiff, the child, the deceased K, the defendant B, C, L, N, M,O, and P.

B. On May 29, 1980, the above inheritors consulted on the division of inherited property as to the whole property owned by I, including the land in this case. As to the land in this case, as to the land listed in the attached list Nos. 1, 2, and 3 among the land in this case, Defendant B, as to the land listed in the attached list Nos. 4, 5, and the attached list Nos. 6, and 7, Defendant C prepared a written agreement on division of inherited property (the evidence No. 4; hereinafter “instant agreement”).

C. According to the agreement of this case, the registration of ownership transfer was completed in Defendant B as of June 5, 1980 by the Daejeon District Court Branch No. 15106, Jun. 5, 1980 with respect to the land specified in the attached list Nos. 1, 2, and 3, and the registration of ownership transfer was completed in Defendant C’s future (hereinafter collectively referred to as “the registration of ownership transfer”) as of June 5, 1980 with the same court No. 15109, Jun. 5, 1980.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 6 (including each number), the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff's legal representative's withdrawal of the lawsuit against Defendant L, N, and X in the first instance trial against Defendant L, N, and X is invalid against the plaintiff's will.

The plaintiff's lawsuit of this case was not submitted to the court of first instance on November 1, 2010. The plaintiff's attorney, Y submitted to the court of first instance the withdrawal of the lawsuit against the defendant L, N, and X on November 8, 2010. The duplicate of the above withdrawal of the lawsuit reached the defendant N on November 8, 201, and defendant N on the above withdrawal of the lawsuit.

arrow