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(영문) 대구지방법원경주지원 2015.05.22 2013가단7793

소유권이전등기

Text

1. The Defendants were on March 30, 1963 with respect to the inheritance shares indicated in the attached Table among the 985m2 in Gyeongbuk-si PY-si Pol-si.

Reasons

1. Basic facts

A. The records around March 30, 1963 are as follows: Non-party Q.

3. 6.6.) With respect to the land of this case, the sales price of which is KRW 29,800 (hereinafter “the instant sales contract”) was entered into between the network R and P, P, P, P, and P, 29,800 (hereinafter “the instant land”). Since then, the former land cadastre of this case was registered as the owner on December 30, 1964 (the cause of change: ownership transfer) but the ownership of the copy of the registry was changed and remains in the network R’s name without changing the ownership. (C) The Plaintiff was the wife of the net Q, and the co-inheritors of the net Q and the Plaintiff completed the agreement on the division of inherited property that determines the ownership of the instant land as owned by the Plaintiff on November 1, 2013. The Defendants are the heir of the net R, and the share in inheritance is equal to the shares in the attached Table [the grounds for recognition].

(a) The remainder of the defendants except for the defendants 6 through 10: deemed as confession;

(b) Defendant 6 through 10: The fact that there is no dispute, each entry of Gap evidence 1 through 15 (including branch numbers for those with serial numbers; hereinafter the same shall apply), the witness S’s partial testimony, and the purport of whole pleadings;

2. Judgment on the plaintiff's claim

A. Upon the instant claim, the Plaintiff primarily sought implementation of the procedure for ownership transfer registration against the Defendants, the heir of the deceased R based on the instant sales contract, and Defendant 6 through 10 asserted that the Plaintiff cannot respond to the Plaintiff’s request due to the dispute over the establishment of the instant sales contract. As such, the following circumstances that can be acknowledged by the evidence and the facts of recognition as seen earlier, ① the original sales contract and the original sales certificate (registration certificate) prepared at the time of the purchase of the instant land from the Nonparty T was kept as of March 6, 1963, ② the ownership holder of the former land cadastre was registered as “ Qu” after the conclusion of the instant sales contract.