logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.11.24 2016나2011163
소유권이전등기말소등기
Text

1. The part against the defendant in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant is dismissed.

2.Chobs.

Reasons

1. Basic facts

A. The Gyeonggi-do Kimpo-gun M (the administrative district was changed to the "Seocheon-gu N" on March 1, 1995; hereinafter referred to as the "Seocheon-gu N") No. 1,769 (hereinafter referred to as "the land before division") was owned by the Plaintiff. As to the 300/1,769 out of the land before division on June 17, 1963 as to the 300/1,769 out of the land before division on May 9, 1963, the ownership transfer registration was completed on May 13, 1963 with respect to the 680/1,769 out of the land before division on May 13, 1963.

B. The land before subdivision was divided into each land listed in the separate sheet (hereinafter “each land of this case”) around August 18, 1989, and the land was divided into each land listed in the separate sheet (hereinafter “each land of this case”) (i.e., the registration of ownership transfer in the name of each deceased was transcribed with respect to the land Nos. 1 and 2; hereinafter “each registration of ownership transfer”); (ii) the land No. 1 on the same day was owned by the network K; (iii) the land No. 2 was owned by the deceased solely; and (iv) the land No. 3 was completed as the cause of partition of co-owned property on August 17, 1989.

C. Accordingly, on December 11, 2012, with respect to land No. 1

7.25. The registration of transfer of ownership in D as a result of inheritance by consultation and division has been completed;

On the other hand, the Deceased died on August 22, 2014, and the Defendant and H jointly inherited the Deceased.

On the other hand, the plaintiff was born to North Korea around February 1951 and has been residing there until now. On December 23, 2005, the Incheon District Court Decision 2005Ra1757 decided on December 23, 2005, B (here of the plaintiff) was appointed as the administrator of the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 8 through 12 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the above facts of recognition are as follows.

arrow