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(영문) 대구지방법원 2016.07.21 2015나18587

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Basic facts

A. On December 5, 1936, the networkO entered into a contract with the network N to sell 1,342 square meters, U.S., 1,002 square meters, and V forest land 139 square meters (hereinafter collectively referred to as “1 land”) prior to the Gu-si, Gu-si (hereinafter referred to as “the instant contract”). The network N completed the registration of ownership transfer for 1 land due to the instant contract.

나. 망 O은 1936. 12. 28. 망 N에게 ‘제1 토지, 휴반(畦畔)황지(荒地)를 양도한다’는 양도증(갑 제2호증, 이하 ‘이 사건 양도증’이라 한다)을 작성하여 주었다.

C. In around 1964, the network N filed a lawsuit against Y with the Daegu District Court Decision 1964Ga486, which claimed the registration of ownership transfer on the Gu-U.S. WT 2,314 square meters (hereinafter “2 land”), and the above court rendered a judgment that “Y, as the network N purchased the 2 land from Y, Y will implement the procedure for ownership transfer registration on the 2 land on February 5, 1964 (hereinafter “the instant judgment”).

On September 5, 1973, the networkO completed the registration of initial ownership of the real estate listed in the annexed Form 1 (hereinafter “instant land”) in its future. The forest land register of this case stated “owner X X networkO’s father. The owner’s restoration on March 31, 1952.”

E. The deceasedO died on September 1, 197, and the inheritors were the Defendants, and the inheritance relationship is as follows.

Meanwhile, as a grandchild of the deceased N (Death of September 1, 1977), the Plaintiff died on June 15, 1972, which was before the deceased of the deceased N.

In short, the deceased’s heir’s heir’s deceased deceased P(the deceased on January 23, 1987)’s deceased deceased P(the deceased on May 16, 2003) Defendant D’s wife (the wife on June 17, 2014) Defendant C(son) Defendant B( children) Defendant E( children) and Defendant E(son’s deceased on August 4, 208.