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(영문) 서울고등법원 2019.03.08 2018나2020857
소유권말소등기
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. Plaintiff B married with the networkO (hereinafter “the network”), and placed three children, including Defendant C, Plaintiff A, and F.

B. Each of the above lands listed in the separate sheet (hereinafter collectively referred to as "each of the above lands", which was owned by the deceased, was completed on April 11, 1989 on the gift made from April 10, 1989 as to each of the above lands listed in the separate sheet (hereinafter referred to as "each of the above lands", and according to the separate sheet Nos. 1 to 8).

C. From May 23, 200 to February 10, 2012, Defendant C completed the registration of the establishment of a neighboring mortgage or the establishment of a superficies (hereinafter “registration, etc.”) between Defendant D Co., Ltd. (hereinafter “Defendant D Bank”) and Defendant E Co., Ltd. (hereinafter “Defendant E”) on part of each of the instant lands as indicated in the following table:

The following facts are examined: (a) the establishment of each of the instant land of this case was established by the government branch of the Da Bank of Korea, the Goyang branch of the Dayang branch of the Dasan branch of the 1st land of this case; (b) the establishment of the Dayang branch of the Dayang branch of the Dayang branch of the Dayang branch of the Dayang branch of the Dayang branch of the Dayang branch of the 15178, Feb. 10, 2012; (c) the establishment of the Dayang branch of the 3rd land of this case was registered on Jul. 24, 2007; (d) the registration office of the establishment of a superficies (No. 92584, Jul. 24, 2007; (e) the registration office of the establishment of a superficies (No. 38346, Mar. 22, 201; (e) the registration office of the establishment of the 5th branch land of this case;

D. The Deceased died on July 3, 1992.

[Ground of recognition] Unsatisfy, Gap, 1.

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