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(영문) 서울고등법원 2016.02.05 2015나2028058 (1)
소유권이전등기
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The ownership of the instant real estate 1) The 6th 6th mix of 5 forest land in the wife population in Yong-si (hereinafter “pre-division land”) is deemed as follows:

On January 17, 1924, the registration of ownership transfer was completed in the name of Defendant B, who was the father of Defendant B. (2) On December 30, 1965, the registration of ownership transfer was completed on September 30, 1949 under the name of Defendant B, his father. The registration of ownership transfer was completed on May 13, 1966 under the name of R, S, and X as of February 15, 1966.

3) Thereafter, the land that was divided into the land prior to the subdivision is 38,238 square meters of land (hereinafter “instant real estate”).

As to the case, on April 25, 1995, the registration of the change of the joint title holder was completed due to the death of X among the joint title holders, and the case of the E of the same day (hereinafter referred to as the “instant clan”).

(B) The registration of ownership transfer was completed under the name of December 12, 1994 due to the termination of title trust between the Defendants. (A) Defendant B and Nonparty F (Defendant B’s birth and the representative of the instant clan).

(1) On May 7, 2008, Defendant C and the following terms: “The instant real estate is inherited property of the deceased K’s heir L, Defendant B, F, M, N,O, P, Q, etc.; Defendant B and F, under their own responsibility, donate 3/10 of the heir’s share to Defendant C” (hereinafter “instant gift agreement”).

(C) Defendant B and the clan of this case entered into a lawsuit on May 29, 2008: (a) Defendant B filed a lawsuit on May 29, 2008 against Suwon District Court 2008Gahap10573 on the registration of ownership transfer or cancellation of the instant real estate and G forest land 21,692 square meters; (b) I forest 5,785 square meters; and (c) Defendant B withdrawn the said lawsuit on October 208.

R, S, and C have consented to the withdrawal of the lawsuit by Defendant B, and the above court rendered on December 23, 2008 a ruling dismissing the claim by Defendant B against R, S, and C.

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