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(영문) 대법원 1979. 2. 27. 선고 78다2281 판결
[소유권이전등기등][공1979.6.15.(610),11854]
Main Issues

Among co-inheritors of the real estate sold in another place, the scope of the obligation to register the transfer of ownership to be performed by a person who purchased shares of other inheritors;

Summary of Judgment

A person, among co-inheritors of the real estate sold in another way, who has purchased the inheritance shares of the successors other than himself and completed the registration of transfer of the purchase shares in their own front, shall not be deemed to have succeeded to the obligations of other inheritors to the original purchaser of the real estate as a matter of course with respect to the purchase shares other than their own own own shares in purchase shares, unless there are special circumstances such as the existence of

[Reference Provisions]

Article 1007 of the Civil Act

Plaintiff-Appellant

[Judgment of the court below]

Defendant-Appellee

Attorney Kang Shin-young, Counsel for the defendant-appellant

Judgment of the lower court

Gwangju High Court Decision 78Na8 delivered on November 1, 1978

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

The Plaintiff’s attorney’s ground of appeal is examined.

The court below's assertion that the non-party 1 and the non-party 2 are obligated to perform the registration of ownership transfer in the name of the defendant who succeeded to 8 minutes of the share of the non-party 1 and the non-party 2's share of the non-party 2 in the 1,556th [Attachment 2] of the judgment of the court below, the non-party 1 and the non-party 2 were obligated to perform the registration of ownership transfer in the name of the non-party 26 as to the whole of the above 726th shares including the above 8th share of the non-party 2 shares. The court below rejected the non-party 3's independent claim that the non-party 1 and the non-party 2 succeed to 8th share of the above real estate after purchasing the non-party 3's share of the non-party 3's property and the non-party 2's share of the non-party 3's inheritance share of the non-party 1 and the non-party 2's own share of the above inheritance share of the non-party.

Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Presiding Justice (Presiding Justice)

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심급 사건
-광주고등법원 1978.11.1.선고 78나8
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