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(영문) 청주지방법원 충주지원 2018.10.04 2016가단5965

소유권이전등기

Text

1. The plaintiff's action against the defendant A shall be dismissed.

2. The remainder except Defendant B, C, D, E, F, G, H, I, J, and A.

Reasons

The plaintiff's structural conflict between the plaintiff's claim against the defendant A cannot be identical to the defendant.

However, in full view of the statement No. 14-10 of the evidence No. 14-10, the plaintiff can be recognized as the same person as the defendant A, so the plaintiff's lawsuit against the defendant A is unlawful as it does not have a legal interest.

The land of this case in which the claims against the remaining Defendants, other than Defendant B, C, D, E, F, G, H, I, J, and A, were owned by Lever. On July 26, 1928, the land of this case held title trust with each one-six-six shares of each of them to M, N,O, P, Q, and R. < Amended by Act No. 1373, Jul. 26, 1928>

R’s share was transferred in the name of Defendant S on June 13, 2008 due to inheritance following a consultation division.

Current shares in the ownership of the land of this case are as shown in the column of land ownership in the attached list of shares in inheritance.

The plaintiff, as a clan member of the above clan, purchased the land from the clan around March 1992, while the farmer set up in the land of this case.

As the Plaintiff occupied the instant land for at least 20 years until December 31, 2014, the Plaintiff filed for registration of ownership transfer with Defendant S, etc. following the completion of prescription.

The basic facts of the claim against Defendant B, C, D, E, F, G, H, I, and J under Articles 208(3)2 and 150(3) of the Civil Procedure Act of the applicable provisions of the Acts (in the case of a judgment made by the owner of the instant land on July 26, 1928, the transfer registration of ownership in the name of co-owner M, N,O, P, Q, Q, and R was made on July 26, 1928 (as of May 31, 1928).

On June 13, 2008, Defendant S completed the registration of ownership transfer on the ground of inheritance by agreement and division ( March 2, 1936) with respect to one-six shares of R from the land of this case.

Defendant B as the heir of the instant land (i.e., M ownership 1/6 x 1/49 x 1/49 x 1/49). Defendant C as the heir of P, 1/420 of the instant land (=P ownership 1/6 x 1/70). Defendant D as the heir of P, 2/385 x 1/6 x 6 x 1/70 of the instant land.