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(영문) 수원지방법원 2019.12.19 2019나59097

소유권이전등기

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1. Revocation of the first instance judgment.

The defendants are co-defendant E of the first instance trial among each real estate listed in the separate sheet, respectively, 1/18.

Reasons

1. Facts of recognition;

A. I purchased each real estate listed in the separate sheet (hereinafter “instant land”) in the 1940s, but did not complete the registration of ownership transfer. On May 25, 1953, I died. He succeeded to the instant land but did not complete the registration of ownership transfer.

B. The J, around 1961, donated the instant land to K, a Eastern (hereinafter “instant donation”), and K occupied and cultivated the instant land from around that time.

C. The J completed the registration of ownership transfer in its name with respect to the instant land on September 28, 1970.

J on September 30, 191, L, the south of J, purchased the instant land from K for KRW 8 million (hereinafter “instant sales contract”) and paid the purchase price.

J, after L’s purchase of the instant land, built a factory building on the instant land in around 2002 while cultivating the instant land while occupying the instant land, and completed registration of preservation of ownership on August 29, 2002 in Defendant D’s name, received the rent directly by leasing the said building to a third party.

L filed an application for provisional disposition on October 14, 2013 with respect to the land listed in paragraph (1) of the attached list among the instant land by this Court as the right to claim the transfer of ownership based on sale and purchase as the right to be preserved, and received a provisional disposition on October 14, 2013.

E. L died on April 13, 2014, and Plaintiff A, his wife, inherited L at the ratio of 3/5 shares, and 2/5 shares of Plaintiff B, his wife, respectively.

F. K died on February 4, 2017, and on the wife, the co-defendant E inherited K in proportion to 2/9 shares in the first instance trial, the wife, and the co-defendant F, G, and H, the child of the wife, respectively.

G. On March 25, 2017, J died. On March 25, 2017, the Co-Defendant M, Defendant C, D, Co-Defendant N, andO inherited 1/6 shares, respectively, and Plaintiff A, a grandchild, inherited 1/10 shares, and Plaintiff B, a grandchild, inherited 1/15 shares.

H. Defendant D’s land on March 30, 2017, as to the instant land. < Amended by Act No. 14835, Mar. 30, 2017>