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(영문) 서울고등법원 2013.07.19 2012재나1337
소유권이전등기
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Determination on the lawfulness of the instant lawsuit

A. The facts of recognition 1) The Network A and the Network B filed a lawsuit against the defendant for the registration of ownership transfer against the defendant at around 1964 as Seoul District Court 64Da5133, Seoul, Yeongdeungpo-gu, Seoul, 850 square meters and F large 998 square meters. The court of first instance accepted the claim of the deceased on March 9, 1967, and the defendant appealed with Seoul High Court 67Na1001, but the above appeal was dismissed on February 9, 1968, and the defendant's appeal was also dismissed on July 16, 1968 (Supreme Court 68Da804), and the judgment became final and conclusive on July 2, 198 (Supreme Court 68Da804). The defendant filed a petition for retrial with the Seoul High Court 67Na1001 Decided 96, Dec. 16, 198 (Supreme Court 9Da6804, Dec. 4, 1986).

However, the ruling of the court below is written by the deceased B transferee H, I, J, K, L, and the deceased A transferee M.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 to 5, purport of the whole pleadings

B. The defendant defenses by the defendant asserted that the transferee of the deceased B was M, and the transferee of the deceased (hereinafter "the plaintiff, hereinafter "the plaintiff,") was not a party to the request for retrial of this case, since the transferee of the deceased was designated as M, and the plaintiff (the plaintiff, hereinafter "the plaintiff") cannot be deemed a party to the request for retrial of this case. Thus, the plaintiff is not a party to the request for retrial of this case.

C. 1) The Plaintiff is also the Plaintiff that the Plaintiff cannot file the instant petition for retrial as the transferee of the deceased B, since Plaintiff B was not the same as the Plaintiff’s father B, Seoul Civil District Court No. 64A513, and Seoul High Court No. 67Na1001, and the Plaintiff was also the Plaintiff’s 1,2, and Party A.

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