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(영문) 부산지방법원 2015.02.13 2013나21823

소유권이전등기

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

Reasons

1. Facts of recognition;

A. The plaintiffs and the defendant as F's children, and F's death on February 17, 1997

(hereinafter referred to as “F”) .b.

The Deceased owned each real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”), but the list Nos. 50

1. As to the recorded real property, the deceased appears to have been transferred to the State on June 15, 1929, and there is no dispute between the parties as to the fact that the deceased is the owner;

The Defendant’s list Nos. 18 of October 18, 1994 by the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”)

1. The registration of ownership preservation on the indicated real estate was completed on June 23, 1995, and the registration of ownership transfer based on sale on June 23, 1984 (hereinafter “registration of this case”) was completed on June 23, 1984.

C. On March 30, 1995, before the deceased's death, the Defendant prepared a sales contract with the purport that "The land and house in the name of the deceased are registered in the future pursuant to the Special Act, as the first priority for the property of the Dog National is convenient, and sale or disposal is not possible, and at the time of sale, the purchase and sale shall obtain the consent of the Dog National and the men and women, and shall be null and void at the time of the purchase and sale." The Defendant made a sales contract with the purport that "The land and house in the name of the deceased are sold 1/2 of the part of the real estate of this case to the plaintiff D without receiving the purchase price on February 27, 1997, after the deceased's death."

The deceased’s heir was the Plaintiffs, the Defendant, and G, but G died on January 25, 199, and the Plaintiffs and the Defendant inherited G.

[Ground of recognition] There is no dispute, and according to the results of written appraisal by appraiser A No. 1 and appraiser H of the first instance court, the contents of each letter and the name of the defendant are all written.