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(영문) 서울고등법원 2015.07.10 2013나2030873
소유권이전등기절차이행등
Text

1. The above part of the judgment of the court of first instance against Defendant C, D, E, F, and G exceeds the amount ordered to be paid below.

Reasons

1. Basic facts

A. The status of the parties and relationship 1) The Plaintiff is a clan (A branch of a clan) comprised of descendants, who are five years of age or older of I as joint lines, and the Plaintiff is a member of the family (A branch of a clan). 2) Defendant B, the net AZ, and the network BA, as the descendants of J on March 8, 1962, completed the registration of ownership transfer as to one-third shares among Qu 1109 square meters (hereinafter “land before division”).

3) Defendant C, D, E, F, and G are the successors of the network T which inherit 1/3 shares of the land before the said subdivision from the network C, D, E, F, and G. 4) Defendant H is the successors who inherit 1/3 shares of the land before the said subdivision from the network BA.

B. 1) The deceased E (J’s 8-year-old damage)’s successor to the land before subdivision was determined in its name as to the land before subdivision during the Japanese colonial era. 2) The deceased E, the grandchildren of the deceased AE, completed the registration of preservation of ownership on the land before subdivision on March 8, 1962.

(3) On March 8, 1962, Defendant B, the descendants of J, and the net BA, who were subsequent descendants, completed the registration of ownership transfer on the grounds of sale on December 29, 1961 with respect to each one-third share of the pre-division land, following the completion of the registration of ownership transfer on March 4, 2008. (4) Defendant H, the children of the network BA, completed the registration of ownership transfer on the grounds of inheritance as to each share of one-third share of the pre-division land (share in the name of the network BA) among the pre-division land on March 4, 2008.

5) On May 21, 2008, the network T, the ASEAN, completed the registration of ownership transfer due to inheritance with respect to one-third shares (share in the name of the network AZ) of the land before subdivision on May 21, 2008. 6) The land before subdivision, as of May 21, 2008, was in the status of one-third shares in the name of Defendant B, H, and network T, respectively.

C. 1) The net T on June 30, 2008, sold to U on June 30, 2008 1/3 shares of the land before subdivision for KRW 44.4 million, and completed the registration of ownership transfer on July 9, 2008 (the Plaintiff is the Plaintiff).

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