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(영문) 대구지방법원경주지원 2017.11.28 2017가단2154

가등기말소 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The status of the parties 1) F, the 16-year-old grandchildren of DJ E, was set up in the slova, but the first, G, the second, H and the third, are I. 2) The Defendant’s members and the J are called K or LP as the descendants of the above F, and the Plaintiff’s members are called MP or NP as the descendants of the second H, and the latter descendants of the third, are called OP.

B. (1) On September 20, 1912, the land of this case was assessed under the name of the deceased P on September 20, 1912, and on August 26, 1981, after the deceased P on August 26, 1981, registration of preservation of ownership of each of the land of this case was completed under Q, R, S, and T under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094). (2) S died on January 29, 199, and U succeeded to 1/4 shares of the land of this case through the division of inherited property, and Q succeeded to 1/4 shares of the land of this case through the division of inherited property on March 1, 1997, through the agreement on inheritance of inherited property, and C was deceased on August 21, 2010 and acquired 1/4 shares of this case from the division of land of this case under the agreement on inheritance of 1/4.

3) Thereafter, X, which is the cause of the Plaintiff’s clan, received the registration of transfer of ownership from V and W on July 6, 2016 for each of the instant shares on the ground of a gift dated June 22, 2016, and the Plaintiff received the registration of transfer of ownership for each of the instant shares on the same day X’s entire shares on the same day. (iv) The Defendant received the registration of the right to claim transfer of ownership for one-fourth portion of the instant shares from J on December 19, 2016 (hereinafter “the instant provisional registration”).

[Ground of recognition] There is no dispute, and there are evidence Nos. 1 through 12.