토지인도
1. The first instance judgment, including all claims added and reduced by this Court, shall be amended as follows:
2...
1. The facts under the basis of facts do not conflict between the parties, or may be acknowledged on the basis of Gap evidence Nos. 1 to 5, 14, 15 and Eul evidence Nos. 1, 2, 8, 9, 11 and 12 (including the branch numbers; hereinafter the same shall apply) and the testimony of the witness N of the first instance trial by considering the whole purport of the pleadings.
[1] Each land listed in paragraphs (1), (2), and (3) of [Attachment 1] (hereinafter referred to as "land Nos. 1, 2, and 3" in [Attachment 1] has been purchased by Anacle specialist and used as a site for the R Hospital it operated after completing the registration of ownership transfer on Nov. 19, 1946.
Although the ownership of the said three parcels was transferred to the Industrial Bank of Korea around July 1972, Q has agreed to purchase from the Industrial Bank of Korea again and repay the price in installments for ten years, and the ownership transfer registration was completed on October 21, 1982 in the Republic of Korea H on October 21, 1982, according to the purport that Q would pay the price in full.
[2] Q died on March 7, 1995. At the time, there were the Plaintiffs, who are the bereaved family members of wife, Yong-Nam, Ha, T, Samnam, Samnam U.S., and the co-Plaintiff A, B, E (hereinafter “Plaintiffs and five co-Plaintiffs of the first instance court”) and V.
The plaintiffs and five joint plaintiffs of the first instance court filed a lawsuit against H seeking the recovery of inheritance rights and the return of legal reserve. The court rendered a favorable judgment (Seoul High Court Decision 2007Na5205, Jun. 30, 2009) with respect to the shares of 1,019/25,000 each of the lands 1, 2, and 3, including the land 1,019/25,000 (i.e., 4,076/100,000) of this case. This judgment became final and conclusive on August 22, 2005.
[3] On November 30, 2010, the plaintiffs and five joint plaintiffs of the first instance court completed the registration of ownership transfer as to the shares of the first, second, and third and third land (i.e., 4,076/100) in accordance with the above final judgment.
5,095 = 1,019 x 5)/25,000 shares of the plaintiffs and the joint plaintiffs of the first instance court when they combine the above shares.
After that, the land of this case is included in the first land.