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(영문) 창원지방법원거창지원 2019.05.28 2017가단1658

소유권이전등기

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

(a) The relationship between the Parties (i.e. Q has been changed to R, South, and South, Q in South;

Sheshe died on February 26, 1952, and South Korea died on June 12, 1991, U is the inheritor, and V, Plaintiff F, G, H, I, and J.

From among the above inheritors, V died on August 2, 2015, and Plaintiff A, B, C, D, and E are successors of V.

The plaintiffs' shares of inheritance for the network U shall be as specified in attached Form 2 of the plaintiffs' shares of inheritance.

On the other hand, R's south is W. W is X, W is deceased on June 2, 1998 and X on September 9, 2013, respectively, and there is Defendant L, Defendant K, M, and N, the wife of which is the heir, and the Defendants' shares of inheritance are the same as the shares of inheritance of the Defendants.

B. (i) Ownership of the instant real estate (i) ownership registration was completed on August 17, 1971 in the name of W with respect to the 965 square meters of forest land in Gyeongcheon-gun, Gyeongnam-do, and the ownership transfer registration was completed on May 23, 2012 under X’s name on the grounds of inheritance due to the agreement division as of June 22, 1998, and thereafter, the ownership transfer registration was completed on October 22, 2013 under Defendant L’s name on September 19, 2013.

B. On February 23, 1979, the registration of preservation of ownership was made in X name with respect to 1663 square meters of the P ditch in Gyeongnam-gun P.

(hereinafter referred to as "the real estate of this case" / [the grounds for recognition] The facts that there is no dispute, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 4-1, 2, 3, Gap evidence 5, 13, 20, 21, Gap evidence 14-1 and 2-2, and the purport of the whole pleadings.

2. The parties' assertion

가. 원고들의 주장 요지 ⑴ 주위적 청구원인 ㈎ R(Q의 장남)는 1913. 3. 10.경 큰 집에 양자로 가게 되면서 동생인 S에게 경제적 도움을 주기 위하여 경남 합천군 Y 대 362㎡와 위 O 임야 중【별지 1】도면 표시 2, 3, 42, 43, 44, 45, 46, 47, 48, 49, 15, 16, 2를 차례로 연결한 선내 (ㄱ)부분 270㎡(이하 ‘이 사건 임야 부분’이라 한다)와...