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(영문) 대전지방법원 2015.10.02 2015나100363
제3자이의 및 소유권이전등기말소등기 등
Text

1. Of the part against Defendant C in the judgment of the court of first instance, the part of the claim for the execution of the cancellation registration procedure and the part against Defendant D.

Reasons

1. Basic facts

A. On November 23, 1987, H completed the registration of ownership transfer with respect to the land in this case and the land adjacent to the land in this case under his name.

B. After that, B completed the registration of ownership transfer on June 20, 198 with respect to the portion of the land in this case on July 8, 198 1,652.9/4, and on June 20, 198, the parent-child I, who was the mother of Defendant C, completed the registration of ownership transfer claim on July 8, 198 with respect to the portion of the land in this case, as above, 3,345.1 shares remaining after the transfer to B as above, and the above J land on July 7, 198, and I cancelled the registration of ownership transfer claim on July 6, 191.

C. H’s death on October 12, 1995, and as to the above J’s land on December 19, 195 by one of his inheritors, H completed the registration of ownership transfer for shares 3,345.1 of the land in this case on October 22, 1996, due to inheritance by agreement or division.

Defendant C completed the registration of ownership transfer on December 3, 1996 with respect to the portion of 3,345.1/4,00 of the instant land inherited by G on December 13, 1996.

E. Meanwhile, each of the instant buildings and the instant plastic houses exists on the ground of the instant land.

F. G died on or around August 24, 2010, and as his heir, Defendant D, the heir of G, was due.

G. Defendant C, along with B, filed a lawsuit seeking the delivery of the instant building and the removal of the instant vinyl as the Daejeon District Court Branch Branch Office 201Ga14431, which was the Plaintiff’s representative, and subsequently won the judgment on April 19, 2012 (hereinafter “prior judgment”). Defendant C appealed as the Daejeon District Court 2012Na10379, but appealed as the Daejeon District Court 2012Na100379, but was dismissed on December 11, 2012, and E filed a final appeal as the Supreme Court 2013Da20827, but on April 25, 2013, the instant prior judgment became final and conclusive on May 3, 2013, and thereafter, Daejeon District Court 2013Na1008.

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