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(영문) 서울고등법원 2017.04.21 2016나2006628
소유권말소등기
Text

1. The plaintiff's appeal is all 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. The fact that there is no dispute with him/her;

(a) H and I have the Plaintiff, Defendant B, C and J, K, and L under the chain;

B. H died on September 10, 1968, while I died on October 29, 1987.

2. The plaintiff's assertion

A. In applying the provisions on inheritance of property under the Civil Act, the Plaintiff was inherited by inheritance equivalent to 46/273 of the net H’s property.

B. At the time of death on September 10, 1968, the network H owned, respectively, ① 2,215 square meters prior to the Suwon-si M, ② N field 413 square meters, ③ 4,512 square meters, ④ 116 square meters prior to P, and ⑤ 807 square meters prior to Q.

C. On March 5, 1974, with respect to the size of 2,215 square meters in the Suwon-si Suwon-si Ma, the ownership transfer registration was completed on November 1, 1980 by means of sale and purchase on March 5, 1974. The above land was divided into the land Nos. 1 and 4, and the sale network of the above land was deceased on September 10, 1968, and thus, the registration of ownership transfer was void. Accordingly, Defendant B is obligated to perform the procedure for the registration of cancellation of ownership transfer as described in paragraph (1) of the preceding claim to the Plaintiff. As to the size of 413 square meters in the GN-si area, the ownership transfer registration of the above land was accepted by Defendant H on March 18, 1974 by donation on March 5, 1974.

After that, the above land was divided into the land Nos. 1, 5, and 8.

As seen in the above paragraph (1) above, since each transfer of ownership is a registration invalidation for the same reason, Defendant B is obligated to implement the procedure for cancellation registration of each transfer of ownership as described in paragraph (1) of the main claim to the Plaintiff. 3) As to the size of land 4,512 square meters in the Suwon-si Suwon-si Suwon-si Suwon-si Suwon-si, as the ground of donation on March 5, 1974, the Suwon District Court’s receipt of the Suwon District Court’s Registry on November 1, 1980, and the Defendant B from the deceased H to the Defendant.

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