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(영문) 의정부지방법원 2016.01.28 2014가합55953

소유권이전등기절차이행청구의 소

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Presumed factual basis

A. Status 1 of the Parties is the deceased I (hereinafter “the deceased”).

) On September 12, 1976, the Plaintiff, children, F, G, and H (hereinafter “Plaintiff, etc.”) (hereinafter “Plaintiff, etc.”) who died on September 12, 1976.

2) The Defendant is the decedent of the deceased.

B. 1) The land ownership relationship, etc. is 7,736 square meters of J-forest land in Namyang-si, Namyang-si (hereinafter “J-forest land before division”).

On December 31, 1971, the registration of ownership transfer was completed in the name of the deceased on December 31, 1971. 2) On September 21, 1978, the registration of ownership transfer in the name of the plaintiff, etc. was completed on September 21, 1978 on the J forest before the division. The provisional registration was completed on June 5, 1980, and the registration of ownership transfer in the name of K was completed on August 20, 1984 on August 20, 1984.

3) On October 10, 1984, with respect to the portion of 5231.4/776 portion of J forest before subdivision, the registration of ownership transfer was completed under the Defendant’s name on October 5, 1984. (4) On November 29, 2012, J forest before subdivision was divided into the land listed in attached Table 1 through 3.

5) The land listed in the separate sheet No. 4 (hereinafter referred to as “L site”) is referred to as “each of the instant land”, including the land listed in the separate sheet No. 1 through 3.

On June 5, 1980, the registration of transfer of ownership in the name of the deceased was completed. 6) On the L site, the registration of transfer of ownership in the name of the plaintiff et al. was completed on June 5, 1980, and on May 23, 1980.

[Reasons for Recognition] Unsatisfy, Gap 1 through 6 (including virtual numbers), the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The plaintiff 1 et al. asserted that the plaintiff et al. entrusted the management of the above land to the defendant after completing the registration of transfer of ownership on each land of this case due to inheritance.

The plaintiffs have delegated or consented to the disposition of each land of this case to the defendant.