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(영문) 부산고등법원 2015.05.14 2014나52551
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Each real estate indicated in the separate sheet is divided into 24,397 square meters of forest land in Ulsan-gun, Ulsan-gun, which was owned by the network L (hereinafter “the network”).

(hereinafter referred to as the “instant real estate”), each of the real estate listed in the above list, and the real estate before division, collectively. (b)

The real estate of this case was completed on December 22, 1975 on December 26, 1975 by the sale and purchase of the real estate of this case, and the ownership transfer registration of this case was completed in order thereafter, and the ownership relation of the real estate of this case is identical to that of the attached Table, and defendant B, C, D, E, F, and G are currently registered titleholders of the real estate of this case.

C. On December 12, 1975, the Deceased died. At the time of the Deceased’s death, the deceased was his wife N, South-Nam, Defendant G, South-Nam, Defendant H, Defendant I, Defendant J, Defendant J, and Defendant H, and Defendant H, and Defendant H were deceased on November 11, 201.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each number for a case with a serial number), the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff received the instant real estate from the Deceased on April 22, 1974. Since the Deceased died on December 12, 1975, the Plaintiff has the right to claim for the transfer registration of ownership based on the said donation against Defendant G, H, I, J, and K, the co-inheritors of the Deceased.

B. Meanwhile, on December 26, 1975, after the death of the deceased, the ownership transfer registration of the instant real estate was completed on December 26, 1975 due to the sale as of December 22, 1975, and this registration is null and void, and the ownership transfer registration of the instant real estate is null and void in order based on it. As such, the Plaintiff, the inheritor of the deceased, and Defendant G, H, I, J, and K, the title holder of the instant real estate, are limited to Defendant B, C, D, E, F, as of the instant real estate.

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