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(영문) 대구지방법원서부지원 2015.07.24 2014가단20473

소유권말소등기

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

K 12 years fire 12 years (1937.7) on the land cadastre of 1,891 square meters (hereinafter referred to as “land before the instant subdivision,” and the J land shall be marked only with the lot number) in the land cadastre of Gyeong-gun, Sung-gun, Sung-gun, the non-registered land.

8. 26. The registration was made on May 3, 1959 that purchased L, but on December 9, 1960, after the death of K on May 3, 1959, the land was divided into one 1,415 square meters in return for the land and one 476 square meters in M.

N has completed registration of initial ownership in accordance with the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Act No. 3159, hereinafter referred to as the "Special Measures Act") by the Sungju Branch Branch Office of the Daegu District Court on August 31, 1981, which was received on August 31, 1981.

Since June 4, 1994, I land was divided into an O 89 square meters and a P 40 square meters, and became the land listed in paragraph (1) of the attached Table (hereinafter “instant land”). M land was divided into a Q 56 square meters, and the land listed in paragraph (2) of the attached Table (hereinafter “instant land”) was the land in the attached Table No. 2 (hereinafter “instant land”).

N under the former Act on Special Measures (Act No. 4775), with respect to the land No. 2 of this case, N completed the registration of initial ownership by the Sungju Registry No. 13958, Jun. 2, 1995.

Upon N’s death, the designated parties C had completed the registration of transfer of ownership for each of the instant land as the Defendant (designated parties; hereinafter “Defendant”) under No. 13633, Sept. 18, 2012, by the same registry office, as the above Sungju registry office was received on July 9, 2003 with respect to the instant land No. 1 on the ground of inheritance by consultation and division on April 10, 197. The registration of transfer for each of the instant land was completed on the ground of sale with respect to each of the instant land as the receipt of No. 5082, May 12, 2011 by the same registry office.

The plaintiff is one of the children of the R, who died on March 5, 1971, as the family heir of K, and there is the wife D, the Appointor E, the F, G, H, and C as the wife's heir.

[Ground of recognition] Unsatisfy, A(1) through (3)