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(영문) 제주지방법원 2018.07.03 2016가단61220

소유권이전등기말소

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The net K composed of L (ma), M (ma), N (T) under the Sslova, L among which L had netO (ma) and P.

The children of the networkO include the network Q and the plaintiffs, and there are the network R (Nam) and S, Defendant D (Defendant E’s children) with the children of the network Q, and Defendant F, Defendant C, G, and H, the spouse of the network R, as the family members of the network.

B. On September 28, 1922, the registration of ownership transfer was completed in the name of the deceased K on September 28, 1922, and on June 12, 2007, the registration of ownership transfer was completed on September 27, 1984 in the name of the deceased R in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”).

Since then, on October 24, 2016, the same year in the name of Defendant C.

7. 15. The registration of ownership transfer was completed due to the consultation and division, and the registration of ownership transfer was completed due to the sale on March 31, 2016 in the name of Defendant D and E on March 22, 2016 with respect to each one/2 of the two real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including additional number; hereinafter the same shall apply) and the purport of whole pleadings

2. Judgment on the plaintiff's assertion

A. At the same time, K adopted L’s south P as N’s children, and, at the same time, donated real estate Nos. 1 and 2 to N.

However, P also adopted the plaintiff A with no child, and the first and second real estate were succeeded to P and the plaintiff A in succession.

Plaintiff

A, from around 1965 to around 1965, had been a farmer in the first and second real estate, but around 197, she was a mother's director, and she managed the real estate.

Since then, as the health condition of Q has deteriorated due to dementia, U, the spouse of Q from 1989, lent real estate Nos. 1 and 2 with the consent of the plaintiff A.

As above, the Plaintiff’s right to real estate Nos. 1 and 2.