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(영문) 서울고등법원 2017.09.29 2016나2000958
소유권이전등기말소등
Text

1. The Plaintiff includes a claim extended or added by this Court, or a claim for a change in exchange.

Reasons

1. The reasoning for the court’s explanation on this part of the underlying facts is as follows, and this part of the reasoning of the judgment of the court of first instance is identical to the corresponding part of the reasoning of the judgment of the court of first instance (referred to as “basic facts of 4-6,” hereinafter).

[Attachment] The 5th 10th 10th 10 of the judgment of the first instance is "Defendant E, G, H" and "three persons, such as Defendant E."

2. An overview of causes of claims by the plaintiff, and those subject to adjudication by this court;

A. 1) The Plaintiff’s main claim against three parties, including Defendant E, and the Plaintiff’s claim against Defendant D and F, first of all, on each of the instant real estate, on the premise that the title trust agreement remains effective between the Plaintiff and I, and that the title trust agreement was terminated by the delivery of a copy of the complaint to the Defendants, the inheritor, after I’s death, the instant testamentary gift was invalid on the ground that it was not based on I’s will. The Plaintiff’s cancellation of the title transfer registration of each of the instant real estate to the third parties, including Defendant E, etc., on each of the instant real estate, filed a claim for cancellation of each inheritance share upon termination of the title trust with respect to the registration of transfer of ownership in the name of I, on each of the instant real estate, and on each of the instant real estate in Jeju-do, on each of the following grounds: even if the testamentary gift in this case is valid, it constitutes a comprehensive testamentary gift, and thus, Defendant E and other third parties, including Defendant E, inherited the rights and obligations of the title trust.

3. The plaintiff 2 and 3 preliminary claims against the three defendant E.

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