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(영문) 대구지방법원 2015.09.04 2014가단2645

소유권이전등기

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1. B B B to 70 square meters;

A. The defendants indicated in the Schedule No. 2 in the Schedule “Defendant Indication” shall be Defendant C, D, E, and .

Reasons

1. Determination as to the cause of claim

A. The acquisition of the right to claim for ownership transfer registration following the completion of the acquisition by the deceased K’s acquisition by prescription is 1) the former 70 square meters B in Chungcheongnam-do, Chungcheongnam-do (hereinafter “instant land”).

On March 20, 1947, with respect to the 4/10 shares among them, on or after L on March 20, 1947, for the 4/10 shares, each share transfer registration has been completed in the name of M on the same day, and 2/10 shares on the same day in the name of N on the same day. 2) K occupied the land of this case in a peaceful and publicly performing manner for twenty (20) years from March 2, 1963 to March 2, 1983.

B. The Plaintiff’s purchase of the instant land 1) On June 15, 2000, the Plaintiff is an agricultural cooperative (hereinafter “agricultural cooperative”) with the Defendant F’s husband who committed a fraudulent act in K and K (the husband of the Defendant F).

A) The Plaintiff decided to repay the principal and interest of the loan to the Plaintiff on behalf of the Plaintiff, and the sales contract to purchase the land of at least three parcels of land in the instant case and exceeding 3 parcels of land owned by Cheong-do, Cheong-do, Chungcheongnam-do, Chungcheongnam-do as the sales price (hereinafter “instant sales contract”).

(2) On June 21, 200, the Plaintiff obtained a loan of KRW 20,00,000 from the Agricultural Cooperative Co., Ltd. on June 21, 200, and repaid the principal and interest of the Plaintiff’s loan of KRW 22,786,981, including the Plaintiff’s existing deposit balance, to the said loan.

C. Inheritance 1) M died on November 27, 1963. Shares in the instant land by deceased M’s heir and heir are as shown in the Schedule No. 2. 2) K died on July 17, 2003.

The shares of the present land by the deceased K's heir and by the heir are as shown in the attached Table 2 list.

[Based on recognition] Defendant L, N, C, D, E, F, G, H, I, and AI: Each description of evidence Nos. 1 and 3; the inquiry reply to the R of this Court; the result of an order to submit financial transaction information to each agricultural cooperative; the purport of the entire pleadings; Defendant S, T, U, V, W, X, Y, Z, AB, AB, AC, AE, AE, AF, AH, AH, and AI: Confession (Article 150(3) and (1) of the Civil Procedure Act)

B. According to the above facts of recognition, special circumstances exist.