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(영문) 서울고등법원 2015.07.24 2014나55279
지상권확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The reasoning of the court of first instance for the acceptance of the judgment is as stated in the part of the judgment of the court of first instance, except for the addition of the judgment of the plaintiff to the following or the plaintiff to the new argument in the trial of the court of first instance as stated in Paragraph 2, and therefore, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

- the parts used in bulk:

A. Since the co-defendant B and C of the first instance court, which was dismissed as the judgment of the first instance among the Plaintiff’s initial claim in this case, became final and conclusive, all of Defendant B and Defendant C were incorporated into “B” and “C”.

B. From 14th to 3th 5th am the second am the first am the first am the second am the second am the second am the second am the second am the second am the second am the second am the second am the second am the second am the second am the second am the second

“1) The registration of ownership transfer was completed in the name of F on April 26, 1966 with respect to the area of 26456 square meters of forest E, Gwanak-gu, Seoul Special Metropolitan City prior to the division, and each registration of ownership transfer was completed in the name of G and B on December 30, 200 with respect to each of the aforesaid forests.

On April 19, 2001, the forest land was divided into “583m2” and “20,873m2 of the instant forest land” and “20,873m2.”

2) Since then, the transfer of shares in the instant forest land was completed on July 9, 2002 with respect to some of the shares in G (1257/26456 shares), and the transfer registration was completed in the name of H on March 30, 2009.

On June 27, 2012 with respect to part (419/26456 shares) of I's shares (8/26456 shares), the transfer registration was completed in the name of Defendant D on November 26, 2013 with respect to the remainder (838/26456 shares) of I's shares (419/26 shares).

B) Following the process of transferring the shares in G (11971/26456 shares), the transfer registration was completed in the name of C on July 6, 2010 with respect to the remainder (1971/26456 shares) of the shares in G, the forest in this case owns the shares in B 1328/26456 shares, C 1197/266 shares, and Defendant D 1257/26456 shares.

A person shall be appointed.

(c)Paragraph 19 (b) of the fourth decision of the court of first instance referred to in paragraph 19 (e) as “afterward 1-A(a).”

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