소유권이전등기
1. The plaintiff's primary defendant I shall be dismissed.
2. As to the Plaintiff with respect to JJ 231m2 in Gyeong-dong, Chungcheongnam-gun, Chungcheongnam-do.
1. The deceased K, which caused the plaintiff's claim, continuously occupied the real estate of this case from October 20, 1968 without difficulty in purchasing the real estate of this case from the main defendant I, and the plaintiff succeeded to the possession of the real estate of this case. Thus, the main defendant I is obligated to implement the registration procedure for ownership transfer on October 20, 198 with respect to the real estate of this case to the plaintiff. If the primary defendant I died, the primary defendant I is obligated to perform the registration procedure for ownership transfer transfer on October 20, 198 with respect to each inheritance of this case due to the completion of the prescription period for ownership transfer on October 20, 198.
2. Whether the lawsuit against the primary defendant is lawful
A. According to the statements of evidence No. 7-1 ex officio, it is recognized that the primary defendant I stated that the report of death was completed on January 12, 1985 on the individual resident registration card by birth in 1906.
Although the family relation certificate, transcript of the family register, etc. does not contain the facts of death of the primary defendant I, considering the contents of the above individual resident registration record card and the age of the primary defendant I, it is determined that the above defendant died around January 12, 1985.
B. Therefore, the Plaintiff’s lawsuit against the primary Defendant I is unlawful as it has already been filed against the deceased person.
3. Determination as to the claim against the conjunctive Defendants
(a) Preliminary Defendant B, Article 208(3)2 of the D Civil Procedure Act, and Article 150(3) of the Act (a) (a judgment made by the deemed as a private party);
(b) Article 208(3)3 of the Civil Procedure Act (by public notice) of the Preliminary Defendant E, F, G, and H
C. The following circumstances, which are acknowledged by comprehensively taking account of the respective descriptions of Gap evidence Nos. 1 through 12 and the overall purport of the pleadings, are the same year as to the real estate of this case in the name of the primary defendant I on April 14, 1923:
4.2. The transfer registration for ownership was completed on the ground of the sale and purchase, and the conjunctive Defendants are the primary Defendant.