beta
(영문) 창원지방법원통영지원 2015.05.19 2014가단443

소유권이전등기

Text

1. The plaintiff's main claim is dismissed.

2. The defendant removes the building stated in attached Table 2 to the plaintiff.

Reasons

1. Basic facts

A. 1) On May 29, 1921, C: (a) the land indicated in attached Table No. 1 (hereinafter “instant land”) on May 29, 1921; and (b) the registration of preservation of ownership on the instant land

(2) On May 26, 1995, M acquired the ownership transfer registration under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502 of Nov. 30, 1992) and died on May 7, 195. D’s death on November 5, 1971, its children E, F, and G succeeded to the above land. As F’s death on July 8, 1980, M jointly succeeded to F’s shares inherited to F’s ownership. 2) M submitted to the Plaintiff on May 26, 1995, after purchasing and selling the above land under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502 of Nov. 30, 1993; hereinafter “instant Special Measures”). < Amended by Act No. 3745, Oct. 25, 2004>

B. The registration of preservation of ownership relating to the instant building 1) C’s grandchildren F (C’s south D)

) On the instant land, the building listed in Section 2 of the attached Table (hereinafter “instant building”) is located on the instant land.

A) A newly built and owned the building ledger as the owner, and died on July 8, 1980. Of the inheritors, wife H was deceased on January 30, 2002, and the headnam I died on April 4, 1992.2) F’s heir P, Q (I’s wife R on March 26, 2007; the head of Yong-Nam died on February 24, 2010). However, on July 16, 2010, the above F’s heir was a sole inheritance of the building in this case, and the Defendant completed the agreement on the division of inherited property, based on the agreement on the division of inherited property, and completed the preservation of the building in this case.

【Reasons for Recognition】 Each entry of Evidence Nos. 1, 2, 3, 11, and Eul Nos. 1 and 2 (including branch numbers, if any) and the purport of the whole pleadings

2. The primary claim;