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(영문) 서울고등법원 2016.10.21 2015나2039263
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked and the plaintiffs' claims corresponding to that part shall be filed.

Reasons

1. In the first instance court’s judgment, the Plaintiffs partly won the claim(s) part(1) of the claim(s) and partly lost the part(s) of the claim(s) and the part(s)(2). Since only Defendant appealed as to the part(s)(1) and the Plaintiffs did not appeal, the subject of the first instance judgment is limited to the part(s)(1)

2. Facts of recognition;

A. The Parties’ relevant net M (M on May 7, 1979; hereinafter referred to as “M”) and network A (A on February 28, 2015; hereinafter referred to as “A”) were placed under the chain of the Defendant, Plaintiffs B, C, D, network E (E on April 7, 2016; hereinafter referred to as “E”), network G (hereinafter referred to as “G”) (hereinafter referred to as “G”), F (hereinafter referred to as “A, Defendants C, C, C, D, E, G, and F). Plaintiff H, I, and J are their children; Plaintiff X is their spouse; Plaintiff H, Y, and Z are their children; and Plaintiff E is their children; and Plaintiff EM is its children.

During the litigation of this case, G, A, and E died and their inheritors took over the lawsuit as described in the party indication column.

B. In the process of the change of land ownership, the ownership change registration was completed on February 5, 1971 due to the sale on November 30, 1970 with 1/4 shares in the name of S, T, U, and N as to the land of Gangdong-gu Seoul Metropolitan City L (hereinafter “instant land”). On June 28, 1996, the ownership change registration was completed on February 5, 1971 as S 5.15/3739, T5.15/3739, T 523/3739, U379 shares, N1870/379 shares, and N18739 shares.

The registration of ownership transfer was completed in the name of the defendant on July 1, 1996 on the ground of the termination of title trust as of June 21, 1996 with respect to the land of this case, which is N Shares, 1870/3739 (hereinafter “instant land shares”).

M is a title trust (hereinafter “instant title trust”) with N and completed the registration of ownership transfer as of February 5, 1971 in N’s name.

C. On the other hand, on March 22, 201, the Defendant made a registration of the establishment of a collateral on the Defendant’s share in the instant land.

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