소유권이전등기말소 청구 등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3.A request in the trial.
1. Facts of recognition;
A. At around 1970, E had a husband with her husband F, Women G, South-Nam, Defendant C, and the Plaintiff, etc., and D, a South-North Korean under the name of Defendant C, with respect to 45 hours prior to the H of the Gyeonggi-gun, which is its own property, was the Government District Court, Gu-ri Registry, 38150 received on May 24, 1978.
4. 20. The registration of ownership transfer was completed on the ground of the gift made by the donor.
B. Some of the above H land was expropriated as a fire-fighting road around 1980, and the remaining land became the land indicated in attached Table No. 1 (hereinafter “instant land”) through a land category change, land size conversion, and land substitution due to partition adjustment on December 30, 1991.
C. On the other hand, around November 1983, a building listed in Annex B (hereinafter “instant building”) was newly constructed on the instant land. Defendant C completed registration of ownership preservation as to the instant building on May 28, 1984 by the Gui District Court of Jung-gu, Seoul District Court No. 2843, May 28, 1984.
Defendant C completed the registration of transfer of ownership for each of the instant shares on the ground of the gift on the same date under Article 25068, which was received on August 23, 2007, with respect to each of the instant shares among the instant shares and the instant shares to Defendant B, his wife, and completed each of the instant shares on the ground of the gift on the same date under Article 3520, which was received on February 20, 2012 by the same registry office.
E. Since the construction of the instant building around November 1983, the Plaintiff and Defendant C occupied and used the instant building together until now, and as of the date of closing argument of the instant building, the Plaintiff is occupying and using a part of the first floor, underground floor, and rooftop, and Defendant C is occupying and using a part of the instant building with the first floor and the second floor, respectively.
F. Meanwhile, D died around July 21, 1989, and around May 18, 2013, respectively.
(hereinafter referred to as “D” and “E” are “the network E”.