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(영문) 서울동부지방법원 2014.10.17 2014나545
소유권(공유지분)이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 19, 1930, the transfer registration of ownership was completed on the ground of "the donation on December 12, 1930" on each of the land in this case on June 19, 1965, K (the death of February 28, 1965), L (the death of September 3, 195) and the "the donation on December 12, 1930" on December 19, 1970, on each of the land in this case, on the ground that the transfer registration of ownership was completed on June 19, 1970 on each of the land in this case.

C. Since then, land Nos. 1 through 3 was divided into each land listed in the separate sheet No. 1 to 3, and land No. 2 was subdivided into each land listed in the separate sheet No. 4 and 5.

On the other hand, K and his spouse N (Death of October 9, 1939), the head of K and his spouse N (Death of January 30, 1992), the plaintiff A, the defendant A, the defendant 2, the defendant 3 South P (Death of January 28, 1951), the plaintiff B, the plaintiff B, the plaintiff 5 South Q (Death of January 22, 1954), the plaintiff 6 South R (Death of May 26, 2001), and the plaintiff C and the plaintiff F, the spouse of R, and the plaintiff D and the plaintiff son, the plaintiff 1 and the plaintiff son, the plaintiff 1 and the plaintiff son, the plaintiff 1, the spouse of R.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. Determination

A. (1) The plaintiffs' assertion that there was no purchase of each of the instant lands from K, L, and M, but the defendant was issued a false guarantee of purchase of each of the instant lands from K, L, and M on May 6, 1940 prior to Taedododo, and accordingly completed the registration of ownership transfer under the Act on Special Measures for each of the instant lands on June 19, 1970. Thus, the registration of ownership transfer in this case is null and void.

Therefore, the defendant is about the plaintiffs' inheritance shares among each land of this case to K's heir.

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