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(영문) 대구지방법원서부지원 2020.11.25 2017가단58974

소유권이전등기

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The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

Litigation Costs are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The ownership transfer registration was completed on November 22, 1940 with respect to the first 942 shares in Daegu-gun District Court International (hereinafter “I land before division”), and with respect to the third 300/942 shares, the share transfer registration was completed on April 10, 1952 before the KK on June 30, 1965; the share transfer registration made on October 15, 1986 on October 10, 1986 on the share transfer registration made on June 25, 1970 on June 30, 1970.

B. On October 15, 1986, the first land before subdivision was registered as 150 square meters (496 square meters in size after conversion; hereinafter “N land”) and 792 square meters (2618 square meters in size after conversion; hereinafter “O land before subdivision”) before the date of subdivision.

With respect to N land, the transfer registration of all co-owners was completed in the D future, which entered into a sales contract with the deceased's heir on October 15, 1993, and with respect to L and M's total 792/942 shares among O land before division, the transfer registration of shares was completed on November 25, 2004 in the Plaintiff's future on December 9, 2004.

C. On May 26, 2010, the OO land was divided into the instant land Nos. 1 and 2. Of the instant land No. 2, the Plaintiff’s share among the instant land was completed on May 26, 2010 on the ground of an agreement on the land for public use in the future on May 26, 2010.

The Deceased died on February 19, 1980.

The deceased’s inherited property succeeded to 12/22 shares, 2/22 shares, 8/22 shares, and 12/22 shares, respectively, by Defendant B, D, E, and F, a child of P, respectively. After the death of P, the said 12/22 shares were inherited by 3/22 shares.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, Eul evidence 2 and 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s primary claim is K. K. and K.