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(영문) 창원지방법원 2015.01.13 2013나1581

소유권이전등기

Text

1.The judgment of the first instance shall be modified as follows:

On the basis of the preliminary claim added in the trial.

Reasons

1. Basic facts

A. The plaintiff is the husband of defendant B.

The network R died on July 29, 1995 as the Plaintiff’s mother, and the network X died on July 1, 1999 as the Plaintiff’s mother.

The Network X and the network R died on April 3, 199, and his wife died with his child, and his wife died on April 3, 199, and Defendant B, Defendant B, Appointer C, Defendant D, Selection E, Selection, Selectioner E, Selection F, net Y (P on April 6, 2008) and Defendant H.

B. On March 4, 1971, the registration of ownership preservation was made in the name of the network S on the land above the land listed in the attached list No. 1, and on January 17, 1983, the network X, the network R, the network S, and the network Y own 1/4 shares, respectively.

On June 17, 1999, 1/4 shares of the network X, and 1/4 shares of the network Y on June 23, 1999 are transferred to the Plaintiff. At present, shares of 1/2 in the Plaintiff’s name, shares of 1/4 in the network R, and shares of 1/4 in the network S name.

C. On March 4, 1971, the registration of ownership preservation was made in the name of the network S on the land above the land listed in the separate sheet No. 2, and on January 17, 1983, the network X, the network R, the network S, and the network Y own 1/4 shares, respectively.

On February 2, 1998, the shares of the network S were transferred to the network S, and the shares of the network S became 2/4. On June 23, 1999, the shares of the networkY 1/4 were transferred to the Plaintiff. The current land is registered in the name of the Plaintiff 1/4 shares, 1/4 shares, and 1/2 shares in the name of the network S in the name of the Plaintiff.

Attached Form

On January 17, 1983, the registration of preservation of ownership has been made in the name of R on each land above the list Nos. 3 and 4.

E. In each of the lands listed in the separate sheet Nos. 5 and 6, Z field 3,514 square meters (hereinafter “Before land substitution”), each of the instant lands registered under the name of the network X and network R was registered. However, on February 2, 1998, 1/2 shares of the network X to the network S.