beta
(영문) 부산지방법원 2017.08.29 2016가단352176

소유권이전등기

Text

1. The plaintiffs' primary claims against the defendants are dismissed, respectively.

2. The Defendants are to the Plaintiffs in Busan.

Reasons

1. Basic facts

A. F and G purchased from H on January 13, 1976 a certain amount of 135 square meters (41 square meters) out of 198 square meters (60 square meters; hereinafter “land before division”) owned by H, Busan-gu, Busan-gu, Busan-do, Busan-do.

H As a result of dividing the above land in the future and transferring the F and G purchased parts, H completed the transfer registration on January 13, 1976 with respect to the shares of 410/1,200 of the total shares of the above land, each equivalent to 41 square meters out of the total shares of the above land.

(H’s shares remain 380/1,200 corresponding to 19 square meters. (b)

On November 7, 1978, the land before subdivision was divided into 149 square meters in Busan-gu and 149 square meters in Busan-gu and 149 square meters in Busan-do. On October 13, 2016, the land before subdivision was again subdivided into 135 square meters in Busan-gu E-do and 14 square meters in Busan-do. < Amended by Presidential Decree No. 2729, Oct. 13, 2016>

C. Meanwhile, F and G occupied the instant real estate by being transferred from H, and constructed a 1st floor underground and a 4th floor above the said site on November 11, 1978, and completed registration of initial ownership on November 17, 1989.

H had L, M, N,O, P, Q, R, and S as his/her child between his/her spouse K and his/her child, and H died on January 30, 1991 and on December 5, 191 respectively.

E. M was a child between his spouse T and the Defendants, and M was dead on June 18, 2007, and T on January 23, 1987.

F. Plaintiff A is a F’s son, Plaintiff B (U before the change) is a G’s father, and F’s share in the Busan Jin-gu E and its ground building was transferred to Plaintiff A on September 4, 2006 due to legacy, and G’s share was transferred to Plaintiff B on July 29, 2003 due to inheritance by agreement division.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 11 (including branch numbers in case of additional number), the purport of whole pleadings

2. The Plaintiffs held as to the primary claim are F and G’s share (380/1,200) of H on June 3, 2006 to F and H’s heir of F and H.