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(영문) 서울중앙지방법원 2020.09.25 2019가단5050492
소유권이전등기
Text

1. The defendant shall pay to the plaintiffs each share in attached Form 2 among each land listed in attached Table 1.

Reasons

1. Basic facts

A. On May 13, 1941, the registration of transfer of ownership was completed in the name of “L” with respect to each land listed in the separate sheet No. 1 (Yeong-gun HW 249 square meters, HW 249 square meters, JJ 33 square meters, and J 47 square meters; hereinafter “each land of this case”) under the name of “L” with respect to each land listed in the separate sheet No. 1 (hereinafter “L”).

B. On July 28, 200, the Defendant completed the registration of ownership transfer in each of the instant lands on the grounds of “the reversion of rights as of September 11, 1948,” and on each of the instant lands on July 31, 200, on the land Nos. 23 of the instant lands on the grounds of “the reversion of rights as of September 11, 1948.”

C. On February 12, 1971, M of the plaintiffs died after having left N and his children, O, plaintiff A, B, C, D, and E.

On July 18, 2002, M died after having left Plaintiff F and G, a child, as his heir, and N died on April 10, 201 with Plaintiff F and G as his child’s heir on April 10, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 8, Gap evidence 10-1, 2, Gap evidence 16-1 to Gap evidence 18, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiffs asserted that the plaintiffs' right to transfer ownership registration under the defendant's name, which is completed on the premise that the plaintiffs' right to transfer ownership is not vested property, is null and void because the plaintiffs' right to transfer ownership is registered in the name of the defendant, and therefore, the defendant is obliged to implement the procedure for the registration of transfer of ownership based on the restoration of real name as to the shares of inheritance of each land of this case among the plaintiffs.

In this regard, the defendant (1) according to the certified transcript of the family register, the father of M in which the name of the person in charge of the family register is P, while the name of the person in charge of the family register is Q, while the father of the plaintiffs in the name of the person in charge of the family register is the father.

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