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(영문) 대구지방법원 2015.05.15 2013나22902

소유권이전등기말소

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 31, 1931 (No. 2) and September 12, 1933 (No. 1), each registration of preservation of ownership was made in the name of K in 1913 (2 years in 1913) and in the name of K in 193 (1).

B. On May 26, 1995 with respect to land Nos. 1 and 2, the registration of ownership transfer was made in the name of Defendant 1 on the ground of donation on June 18, 1984 by the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 4502).

C. The status of land Nos. 3 and 4 was unregistered, and registration of ownership preservation was completed on October 30, 1971 by M, N, andO sharing. D.

With respect to the land Nos. 3 and 4, on August 21, 2007, the registration of ownership transfer was made in the name of Defendant No. 2 from February 18, 1975 on the ground of sale under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500).

E. M succeeded to L’s property upon the death of L to the south of L, and the Plaintiffs, P, and Q were children of M, and upon the death of M on December 3, 1987, M succeeded to M’s property.

F. Meanwhile, the Defendant’s door filed a lawsuit against the Plaintiffs on September 12, 2013 for the registration of ownership transfer on the ground of the termination of title trust with respect to the land 24,000 square meters of Posi-gu, Northern District Court Branch of the Daegu District Court (Seoul District Court Branch of 2012Ga1844) and received a favorable judgment on September 12, 2013.

Although the plaintiffs appealed to the above judgment as Daegu High Court Decision 2013Na5207, the plaintiffs dismissed the appeal on October 14, 2014. The plaintiffs appealed to the above appellate judgment as Supreme Court Decision 2014Da78904 Decided January 29, 2015, but the above judgment became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6 through 9 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 16 and 22, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs asserted that "each land of this case is owned by plaintiffs, P, Q, etc. who inherited M, and the defendant's door donated land Nos. 1 and 2 of June 18, 1984 or purchased land Nos. 3 and 4 of February 18, 1975.