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(영문) 대구고등법원 2015.04.30 2014나339
소유권이전등기 등
Text

1. The plaintiff's appeal is dismissed.

2. In accordance with the plaintiff's preliminary claim against the defendant I added at the trial.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 4, 5, and 6.

From January 1, 1986, the Plaintiff is an incorporated foundation that operates a park cemetery in BB in the north-gu, Mapo-si, Mapo-si.

B. On July 14, 2014, the deceased on the part of the deceased on July 14, 2014 during the trial, the property was jointly inherited by 2/15 each 2/15 of Defendant AU, the wife, and 6 Defendant AV, etc., the wife (hereinafter referred to as “where all the above 7 Defendants are referred to as “Defendant AU, etc.”), according to the statutory inheritance shares, and taken over the status of the instant lawsuit in the deceased on March 9, 2015.

2. Judgment on the plaintiff's primary claim

A. The part of the claim as to the land indicated in the separate sheet No. 1 (7 persons, including Defendant AU, etc., Defendant C, Defendant T, and Defendant AG) (1) the Plaintiff asserted that the Plaintiff purchased the land indicated in the separate sheet No. 1 from the net AL.

However, the network AL sells the above land to the network B, and the network B sells the above land to the defendant C, and completed the registration of transfer of each ownership in the network B and the name of the defendant C as stated in paragraph (1) of the purport of the claim. Since the above registration of transfer of ownership is invalid as a ground for invalidation, the defendant AU, etc. and the defendant C are obligated to implement the registration procedure of cancellation of each transfer of ownership as to the above land to six co-inheritors, the co-inheritors of the network AL, the defendant T and the defendant AG, etc. (hereinafter referred to as "seven persons, including defendant T and the defendant AG, etc.") who are co-inheritors of the network AL.

(2) The facts of recognition are as follows: (a) on February 24, 1981, the Plaintiff purchased the land listed in the separate sheet No. 1 from the net AL; (b) on February 13, 200, the net AL died; and (c) on February 13, 200, six (3/15) Defendant T, the wife, and six (6) children, including Defendant AG, according to their statutory shares in inheritance, jointly inherited the property at the rate of 2/15, respectively; and (d) there is no dispute between the Plaintiff and Defendant T, etc.; and (e) on February 23, 1998, the Plaintiff purchased the above land from the net AL on February 23, 198; and (e) on the said land, the Daegu District Court Branch

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