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(영문) 수원지방법원 2020.05.07 2019나74768
소유권이전등기등
Text

1. The plaintiff's appeal is all dismissed.

2. The plaintiff's primary and preliminary claims added by this court.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is that the court: (a) divided “the land before division (hereinafter referred to as “each of the above land before division”) was divided; (b) removed “B” in subparagraphs 3 and 4 as “E”; and (c) removed the Plaintiff’s primary claim and the first preliminary claim as stated in the main sentence of Article 420 of the Civil Procedure Act as to the selective claim added by this court as stated in paragraph (2). Thus, the court’s reasoning of the judgment of the court of first instance is stated in the reasoning of the judgment, except for the case where the Plaintiff additionally determined as to the primary claim and the first preliminary claim as described in paragraph (2)

[However, the part concerning the claim for return of legal reserve not belonging to the scope of the trial of this court (excluding the part concerning the second preliminary claim among the judgment of the court of first instance). 2. Additional decision

A. On December 14, 1993, Defendant B agreed to assume the duty to equally distribute the land subject to the gift of this case to the network J, Defendant C, D, and E (hereinafter “the network J, etc.”) that is the births, on the condition that the deceased would die at the time of the donation made by the Plaintiff on December 14, 1993, and the deceased died on August 10, 2015.

Therefore, the Plaintiff primarily sought against Defendant B the Plaintiff the cancellation of the registration of ownership transfer as to 3/35 shares of the 3/35 shares of each of the pertinent real estate in the name of Defendant C, D, and E, and the cancellation of the registration of ownership transfer as to the 3/35 shares of each of the above Defendants’ respective real estate in the name of the said Defendants on behalf of Defendant C, D, D, and E, in order to preserve the right to claim ownership transfer registration against Defendant B. In addition, the Plaintiff seeks the cancellation of the registration of ownership transfer registration as to the 3/35 shares of each of the above Defendants’ respective real estate in the name of the said Defendants on behalf of Defendant C, D, D, and E.

In addition, the first preliminary Plaintiff is currently Defendant B. against the Plaintiff.

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