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(영문) 대전지방법원 2018.05.25 2017나116041
소유권말소등기
Text

1. Of the judgment of the court of first instance, the part ordering the implementation of registration procedures for cancellation of ownership transfer registration under paragraph (2).

Reasons

1. The scope of the judgment of the court of first instance and the co-defendant F of the first instance dismissed all the plaintiffs' claims seeking cancellation of ownership transfer registration against the defendant and the co-defendant F of the first instance. The judgment of the court of first instance prior to the remand accepted part of the plaintiffs' appeal, and revoked the part concerning F in the judgment of the court of first instance, accepted the plaintiffs' claim against F, and dismissed all the appeals against

The plaintiffs filed an appeal against the defendant and F, but withdrawn the appeal against F on September 9, 2016. The Supreme Court accepted the appeal against the defendant against the defendant, and reversed the part against the defendant in the judgment prior to the remand, and remanded it to this court.

Therefore, since the plaintiffs' claims against F are separated and confirmed, the scope of this court's judgment is limited to the plaintiffs' claims against F.

2. Basic facts

A. The Plaintiffs are married to the deceased G (hereinafter “the deceased”), and Defendant E is the head of the deceased, and the F is Defendant E’s wife and the E’s separated relationship.

The Deceased died on January 6, 1992 at around 03:00.

B. Each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) was owned by the Deceased. On January 6, 1992, the Daejeon District Court received No. 133 on January 6, 1992 as to each of the instant real estates from the Daejeon District Court’s receipt on January 6, 1992, and completed each of the ownership transfer registration in the F’s name (hereinafter “the ownership transfer registration”) based on the sale and purchase as of December 28, 1991. The first ownership transfer registration was completed on April 4, 2003 as of December 18, 1991 on the ground of the sales contract as of December 28, 2091, and on April 4, 2003, the ownership transfer registration was completed under Defendant E’s name as of April 1, 2003 (hereinafter “the ownership transfer registration”).

C. The Defendant had cultivated each of the instant real estate with the deceased since before the deceased died, and since January 6, 1992, the first ownership transfer registration of this case was completed.

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