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(영문) 대구지방법원 2016.11.09 2016나303022

소유권이전등기

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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 25, 1972, E completed the registration of ownership transfer with respect to the share of 93/183 out of the above land on August 25, 1972, as to the share of 93/183 in the name of F, the name of G as to the share of 75/183 shares, and the ownership transfer registration with respect to the share of 15/183 shares in the name of H was completed.

3) On August 28, 1990, with respect to the F’s share in the name of F 93/183, the registration of ownership transfer was completed on the ground of sale and purchase on August 14, 1990 under K’s name. 4) On August 30, 1991, with respect to the share in the name of H 15/183, the registration of ownership transfer was completed on the ground of donation under the Plaintiff’s name on August 14, 1991.

5) On March 28, 1998, the Daegu-gun District Court Decision 355 square meters (hereinafter “instant land”) shall be located in Daegu-gun, Daegu-gun, Daegu-gun, Daegu-gun, 565 square meters (hereinafter “instant land”).

B) A division was divided. B. Around October 23, 2011, K died, and on December 29, 201, as to K’s share 93/183 of the instant land, the registration of ownership transfer was completed on the ground of inheritance due to consultation and division under the Defendant’s name on December 29, 2011. (c) The current status of the construction of the instant land in which the Plaintiff resides and the ownership relationship of the said site are located; (d) the construction of the instant land in which the Plaintiff resides and the ownership relationship of the instant land were partially constructed over part of the Daegu-gu Lone-gun, Daegu-gun, and the instant

2) The registration of ownership transfer was completed on August 25, 1972 with respect to the land size of 426 square meters in Daegu-gun, Daegu-gun, and the registration of ownership transfer was completed in the name of M on July 11, 1991. Among them, with respect to the land size of 43/426 square meters, the registration of ownership transfer was completed on the ground of donation on November 29, 191 in the name of the Plaintiff on December 4, 1991. 【No dispute over the grounds for recognition, Party A, 1, 2, 3, 5-1, 2, and 5-2, and the purport of the entire pleadings.

2. The Plaintiff asserted that the Plaintiff purchased 20 square meters from F in Daegu-gun D’s land in around 1967 from F, and had no ownership transfer, and K transferred its ownership to K with no ownership transfer, and K donated 15 square meters out of 20 square meters to the Plaintiff.

In addition, the plaintiff is Daegu from K on December 15, 1991.