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(영문) 부산고등법원(창원) 2016.12.21 2014나3422
손해배상(기)
Text

1. The plaintiff's primary claim, additional conjunctive claim, and plaintiff's appeal are all dismissed.

Reasons

1. Basic facts

A. The registration of ownership transfer has been made in the name of the original J with respect to the F 115 square meters in Kimhae-si F, Kim Jong-si (hereinafter “F”), and the registration of ownership transfer was completed on January 13, 1989 with respect to the portion of 113/155 square meters among them, and as H dies on September 11, 1991, the registration of ownership transfer was completed on February 26, 1992 with respect to the portion of 42/155 square meters in the instant F land, which was due to inheritance due to an agreement division. The registration of ownership transfer was completed on October 31, 2003 on October 31, 2003.

B. The transfer registration of ownership was completed on February 26, 1992 with respect to the portion of 1/2 H on the part of 1/198 square meters in Kimhae-si and 198 square meters in the instant land (hereinafter “I land”) and the instant land and the building constructed on two parcels of the instant I land (hereinafter “the instant building”). On October 31, 2003, the transfer registration of ownership was completed on October 11, 2003 on the instant land and the instant building on October 31, 2003 on the ground that the ownership registration was made on October 11, 2003.

C. Meanwhile, Defendant B appointed Defendant C as a legal representative and filed a lawsuit against the Plaintiff’s mother-child D seeking implementation of the ownership transfer registration procedure on October 11, 2003 against D’s share of 113/155 of the instant F land, which was due to sale and purchase as of October 11, 2003 (Seoul District Court E). Upon having become aware that D died on January 30, 2010, Defendant C’s indication was corrected to the Plaintiff, etc., the heir of the network D, etc.

In the above lawsuit against Defendant B, the Plaintiff came to end on October 31, 2003 with respect to ① the instant F land, the instant land, the instant building delivery, ② the network D-1/2 shares out of the instant land, and the network D-1/2 shares out of the instant building.

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