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(영문) 대구지방법원 2016.11.02 2016나307055

소유권이전등기

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Presumed facts

A. 1) B B’s land ownership change relation, etc., and J, the Defendants’ Republic of Korea, the U.S. J, the B of the Defendants, is the land indicated in the Disposition No. 1 of July 19, 1937 (hereinafter “instant land”).

(1) of the same year.

8.7. He shall complete the registration of ownership transfer in his name.

2) On June 15, 1951, J died, and on the part of the Republic of Korea on the part of the land in this case, K solely inherited the land in this case. Since K died on November 13, 2004, the wife B succeeded to 3/15 of the land in this case, and the Defendants, their children, and the co-defendant H of the first instance court inherited 2/15 of each of the above land in this case. 3) B, the Defendants, and the co-defendant H of the first instance court on May 31, 2013, the registration of ownership transfer was completed on June 15, 1951 with respect to each of the instant land in this case.

4) On June 4, 2013, B, Defendant C, D, F, and G donated their respective shares in the instant land to Defendant E (hereinafter “instant gift agreement”).

(5) On March 14, 2016 during the instant lawsuit, Defendant E transferred the registration of ownership transfer in its name with respect to the above land shares on the 24th of the same month. (5) On March 14, 2016, Defendant E died and succeeded to the deceased’s property (hereinafter “the network B”), Defendants, and Defendant H co-defendants in the first instance trial, respectively.

6) As of the date of the closing of argument in the instant case, the 13/15 shares out of the instant land were in the name of Defendant E, and the remaining 2/15 shares were in the name of Defendant H co-defendant in the first instance trial. (B) The Plaintiff, on August 9, 2008, decided to hold an extraordinary general meeting and file a lawsuit claiming ownership transfer registration of the instant land, and appointed L as the Plaintiff’s representative at the time of the said extraordinary general meeting. (B) At the time of the said general meeting, the register was prepared on the premise that the Plaintiff was a clan comprised of adult male among the descendants of M 37 years old, and the 20 clans among the 74 members of the clans who are able to communicate in accordance with the said list of members, but among those attending the extraordinary general meeting, N’s.