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(영문) 서울고등법원 2017.03.09 2016나2056692
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. H died on July 17, 1924, and the head of H solely succeeded to H’s property as the family heir.

I married with J and died in South K and South Korea, but L died in unmarried. K married with M on March 26, 1947, and died on July 27, 1958.

B. On August 25, 1968, I succeeded to the deceased’s wife M, children N and the Plaintiff’s joint inheritance of I’s property on behalf of the deceased, but on November 20, 2015, an agreement was concluded between the above inheritors on the division of inherited property with the content that the instant land is owned solely by the Plaintiff.

C. On the other hand, the Plaintiff and the Defendant as to each of the instant land’s share

1. The registration of the preservation of ownership was completed under the name of Suwon District Court B andO as Songwon District Court No. 5865 on May 14, 1968, and the O died on February 23, 1983, and the Defendant C, D, E, and the Defendant

5. F has jointly succeeded to the property of the networkO.

[Reasons for Recognition] The facts without dispute; Gap evidence Nos. 3, 7, and 8 (including a branch number; hereinafter the same shall apply); the result of the fact-finding conducted by the first instance court on January 22, 2016 to the head of office office of Pyeongtaek-si; the purport of the entire pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion is the land under the circumstances of the Plaintiff’s increased H, which is the part of the Plaintiff’s increase. As the deceased by the network H and the network I, M, N and the Plaintiff jointly succeeded to the instant land, and following the agreement on the division of inherited property among the inheritors, the instant land was owned solely by the Plaintiff.

However, as to the land of this case owned by the plaintiff

1. B (hereinafter “Defendant B”) and the networkO made false documents necessary for registration of ownership preservation around 1968, and completed registration of ownership preservation in the name of the Plaintiff, Defendant B, and the networkO on May 14, 1968.

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership based on the restoration of real name with respect to each portion of the land in the separate sheet among the instant land to the Plaintiff, the true owner.

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