beta
(영문) 제주지방법원 2018.04.20 2016가단14132

소유권이전등기

Text

1. The plaintiff's primary claim is dismissed, respectively.

2. The Defendants are attached to the Plaintiff, among the area of 1,874 square meters in Jeju-si J-si.

Reasons

1. Facts of recognition;

A. As to the instant land, on November 30, 1971, the registration of ownership transfer was completed in K’s name in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 2221), and thereafter, on August 25, 1983, the registration of ownership transfer was completed on the ground of sale on February 27, 1973 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562).

B. L died on September 1, 1987, and the heir was the defendant B and the remaining Defendants, the wife, who were children, and the share of inheritance is as indicated in the attached inheritance shares.

[Ground of recognition] Defendant E and H: The fact that there is no dispute against the remaining Defendants, as to which confession is made under Article 150 of the Civil Procedure Act: Each entry in the evidence Nos. 2, 8, and 9 (including the virtual number; hereinafter the same shall apply), and the purport of the whole pleadings

2. Judgment on the main claim

A. The Plaintiff’s assertion 1) The part (B) in the ship (hereinafter “the part of the graveyard of this case”) attached to the land of this case, which was successively connected from K to each point of 1, 2, 3, 4, 5, and 1 on February 25, 1976, in order to be used as a N’s cemetery deceased on February 21, 1976, M is 9 square meters (hereinafter “the part of the graveyard of this case”).

2) Since the purchase of the instant graveyard, K had a duty to implement the registration procedure for transfer of ownership based on sale and purchase to M. 2), L knowingly purchased the graveyard portion from K and acquired the ownership of the instant graveyard portion on August 25, 1983, and thereafter, K succeeded to the seller’s status.

3) Meanwhile, M died on September 16, 1999. 4) The Defendants, who inherited L, are obligated to implement the registration procedure for transfer of ownership on the part of the instant cemetery on February 25, 1976 with respect to the Plaintiff who inherited M solely by agreement division according to each of the pertinent shares indicated in the relevant inheritance shares.

B. According to the overall purport of the statements and arguments, Gap evidence Nos. 1 and 6, M means Feb. 25, 1976.