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(영문) 대전고등법원 2015.07.24 2012재나101
소유권이전등기
Text

1. The plaintiff's petition for retrial is dismissed.

2. Lawsuits filed by an independent party intervenor for retrial;

Reasons

1. Basic facts

A. The adjudication of disappearance was rendered on September 10, 1950 when K was missing from around September 10, 1950, when K was in the Korean War, due to his/her birth, and the adjudication of disappearance was rendered on September 9, 1955 (the Daejeon District Court Branch of the Daejeon District Court Decision 2007Radan291) that the adjudication of disappearance was rendered on July 31, 2008, and became final and conclusive.

B. On April 8, 1921, the father L of the Parties reported marriage with P on April 8, 1921, and had N and the Intervenor under the sleep, and in addition, M had K and the Plaintiff under the slick without reporting marriage.

(2) L was killed on March 22, 1945; P was on January 29, 1973; and M was on January 24, 200.

(3) On June 8, 2010, Defendant BH (the inheritance portion 3/11) and Defendant BI, BJ, BK, and BL (the inheritance portion 2/11) were the wife of Defendant BH (the wife), and Defendant BI, BJ, BK, and BL (the inheritance portion 2/11), among which Defendant BI died on September 22, 2014 during which the trial was in progress, and the wife of Defendant BT (the inheritance portion 6/5), and BU (the inheritance portion 4/5) were the inheritance amount.

C. The reason why K completed the procedure for ownership transfer registration from K to the Defendants on each real estate indicated in the separate sheet for the process for ownership transfer registration is as specified in the separate sheet for ownership transfer registration.

(1) The judgment subject to a retrial is final and conclusive (1). The Plaintiff filed a lawsuit against the Defendants (which does not distinguish the status of the lawsuit in the above paragraph (b) from the status of the lawsuit in the above paragraph (c); hereinafter the same shall apply) for registration of transfer of ownership under the Daejeon District Court's Branch Branch of the District Court 2008Gahap733. On January 14, 2010, the above court rendered a judgment of admitting only the Plaintiff's claim against

(2) The Plaintiff and the Defendants against the Defendants appealed to this Court 2010Na2327 against the judgment of the court of first instance, and the Intervenor filed an application for intervention by an independent party under 2010Na3672. The court accepted the appeal by the Defendants against the said loss on January 19, 201 and filed a claim by the Plaintiff, the Plaintiff’s appeal, and the Intervenor’s appeal.

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