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(영문) 대전지방법원 2014.10.08 2014가합103873

소유권확인

Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Daejeon Seo-gu Daejeon road, such as the division of land, was divided into 331 square meters (hereinafter “instant road”) and divided into 1,2 real estate and 244 square meters, respectively, and the J road was divided into 244 square meters. On December 7, 1999, the said J road was combined with the K 185,697 square meters.

B. On March 14, 1984, each of the instant real estate in possession of each of the instant real estate was registered, on the Defendant’s subrogation, in the name of the deceased L (hereinafter “the deceased”), in the name of M on April 3, 1981, in the name of M on the same day, in the name of M on April 3, 1981, and in the name of the Defendant on March 6, 1984 on the same day, the registration of ownership transfer under the name of the Defendant (hereinafter “the instant registration of ownership transfer”), which was based on an agreement on the acquisition of public land (hereinafter “each of the instant registrations”).

On December 22, 1983, the registration of ownership transfer was made in the name of the defendant on the ground of the acquisition of public land by consultation.

C. On March 6, 1984, the Defendant, who entered into a sales contract, acquired each of the instant real estate (at the time of the merger, not “three real estate” but “244 square meters,” but at the time of the merger, acquired the subject matter through consultation, and paid KRW 2,177,800 as compensation to M for convenience.

The Deceased died on June 16, 1981, and the Plaintiff A, B, C, and M, who is his child, succeeded to the property with the legal inheritor of the Deceased.

(C) On September 13, 2012, the husband died on September 13, 2012, and the husband succeeded to the property of the Plaintiff D, E, F, and G.

[Inheritance ratio of the deceased's property: plaintiff D3/45 (= 1/5 x N's inheritance ratio 3/9), plaintiff E, F, and G 2/45 (=1/5 x N's inheritance ratio 2/9)] [No dispute over recognized facts], Gap's statements in subparagraphs 11 through 15, 19, 20 through 24, Eul's evidence Nos. 4 and 5 (including branch numbers), and the purport of the whole pleadings.