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(영문) 서울남부지방법원 2016.11.29 2015가단227417

소유권이전등록

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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the separate sheet No. 3, No. 4, 21, 25.

Reasons

1. Facts of recognition;

A. The Defendant’s husband K owned each land listed in the separate sheet No. 4 around August 25, 1950, and the Defendant inherited each land listed in the separate sheet No. 4.

B. On April 10, 1955, Mand Mand 1,583 square meters (attached Form 4(1)) were divided into three parcels on April 10, 1955 (hereinafter “land before subdivision”).

C. N died on December 6, 1994 and succeeded to N by wifeO, child P (manam), Plaintiff A, B, and C.

(N’s children died without descendants on June 27, 1955).O died on January 29, 1995, and P(Seoul), Plaintiff A, B, and C succeeded toO.

P died on April 1, 1997, and wife Plaintiff D, Plaintiff E, F, G (C) and H inherited P. D.

The N has used the first possession portion from April 10, 1995 to the first possession portion as a house site, etc. After N has died, the plaintiff A among N's successors continued to use the first possession portion as a house site, etc.

In addition, among the land indicated in the second possession portion from before 2005 and the attached Table 4 List 3, the Plaintiff developed and used the remaining part of 586 square meters excluding the land of each of the instant graves (hereinafter “fourth-use portion”).

E. The first burial is a deceased R, R’s wife Sc and T C, and the second burial and third burial are those of the deceased N and N’s wife. The second burial and third burial are those of the deceased N and N.

[Ground of Recognition: Facts without dispute; entries or images of Gap's 2 through 4, 6, Eul's 1 through 4, 8 through 11, and 14 (including each number in the case of additional numbers); the result of a request for surveying and appraisal to the head of the office office of the Korea Land and Information Corporation, the purport of the whole pleadings]

2. Determination on the main claim

A. On October 24, 1950, 1950 when the network N, the father or the father of the plaintiffs' claim, purchased from the defendant's decedent K the land indicated in the attached Table 1 from the defendant's decedent and paid the price in full. Accordingly, the defendant who is the heir of K, is the heir of N, as shown in attached Table 1.