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(영문) 부산고등법원(창원) 2020.08.20 2019나12780

소유권말소등기

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff as a party is a person who purchased and owned each real estate listed in the separate sheet (hereinafter “instant real estate”). Defendant B, as the Plaintiff’s children, completed the registration of ownership transfer due to sale or donation of the instant real estate.

Defendant C, as the wife of Defendant B, completed each registration of ownership transfer on the real estate listed in the separate sheet Nos. 2, 3, and Defendant D, as children of Defendant B and C, on the real estate listed in the separate sheet Nos. 4 through 7, and is currently the owner on each register.

B. 1) On December 31, 1973, the Plaintiff completed the registration of ownership transfer on the real estate listed in the separate sheet No. 4,132 square meters in Jinju-si, and 5,157 square meters in Jinju-si, with respect to the real estate listed in the separate sheet No. 3, Feb. 20, 1976; and on the real estate listed in the separate sheet No. 1, until December 31, 1985, with respect to the real estate listed in the separate sheet No. 56,132 square meters in Jinju-si, the real estate listed in the separate sheet No. 4,52 square meters in order was divided, and the real estate listed in the separate sheet No. 6,157 square meters in order was divided on May 11, 198, Defendant B completed the registration of ownership transfer on the real estate for reasons indicated in the separate sheet No. 1, 1985 through No. 1981, Jun. 1, 1989.

3) On June 26, 200, Defendant C completed the registration of ownership transfer based on the gift dated June 22, 200 with respect to the real estate stated in [Attachment List Nos. 2 and 3] on June 26, 200, and Defendant D completed the registration of ownership transfer based on the gift dated October 25, 199 with respect to the real estate stated in [Attachment List Nos. 4 through 7] on October 26, 199.

2. The assertion and judgment

(a)with respect to the primary cause of action;