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(영문) 대구지방법원 2018.12.07 2017가단14830

소유권이전등기절차이행

Text

1. The plaintiff's main claim is dismissed.

2. The Defendant (Appointed Party) and the appointed parties C, D, E, F, and G shall be the Plaintiff.

Reasons

Facts of recognition

On July 8, 1957, the land listed in the attached Table 1 (hereinafter “instant land”) and the 474 square meters (hereinafter “K land”) prior to K was divided into the 592 square meters around 592 square meters prior to the JJ, Gandong, Gandong, Gandong (the name of the administrative district was changed to Ilri on May 1, 198, and all lot numbers of land were Ilri) (hereinafter “instant land”) and the 1,567 square meters prior to K.

On March 26, 1947, the registration of transfer of L's ownership was completed with respect to the land in this case. On August 4, 1976, M completed the registration of transfer of ownership in M et al. and four other names on January 31, 1976.

On June 30, 1965, the registration of transfer of N's ownership was made for sale on May 9, 1957 in accordance with the Act on Special Measures, and on February 27, 2008, the registration of transfer of the plaintiff's ownership was made for the inheritance due to the division made on November 18, 1984.

On March 27, 1957, NO died on January 16, 1964, and N also died on November 18, 1984, and the Plaintiff, Q, and R jointly succeeded to the property. On July 30, 2018, the Plaintiff, Q, and R agreed on the division of inherited property with the content that the Plaintiff, Q, and R owned the Plaintiff’s right to the instant land.

M was deceased on August 8, 2012, and M jointly succeeded to the Defendant, Appointors D, E, F, G (hereinafter “Defendant, etc.”) who is his wife C, children, and Defendant C, E, F, and Appointors.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 10, and 15 (including provisional numbers; hereinafter the same shall apply), and N, the plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's assertion of the purport of the whole pleadings, around May 9, 1957, purchased the land of this case from M to use it as a cemetery of Chobu and Chomo's, used part as a cemetery, cultivated crops together with K's land. The plaintiff received a donation of the land of this case from N, and has been in possession and use of the cemetery until now.

Therefore, it is true.