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(영문) 대전지방법원홍성지원 2015.02.10 2013가단12754

소유권이전등기

Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion M purchased 562m2 (hereinafter “instant real estate”) from N, the F.S. Hong-gun, Chungcheongnam-gun.

After that, M and N died, respectively. The Plaintiff succeeded to 1/2 shares as the heir of the network M. The Defendants succeeded to 1/4 shares in the case of Defendant D, Defendant D, Selection G, H, and I, 3/36 shares in the case of Selection, 3/36 shares in the case of Defendant E, Selection K, and L, respectively.

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership based on sale of the instant real estate to the Plaintiff who inherited one-half shares in accordance with each inheritance share.

2. First of all, we examine whether there was a sales contract for the instant real estate between the deceased M and the deceased N as the Plaintiff’s assertion.

According to the statements in Gap evidence Nos. 2 and 3, witnessO, and P's testimony, while the plaintiff was dividing the real estate of this case with village residents in the vicinity of the real estate of this case, the plaintiff stated that the residents cannot give testimony due to the relation with the defendants while "MC land, P is not known to P," and that the plaintiff could not give testimony due to the relation with the defendants. The fact that there is a grave of the real estate of this case, the fact that the deceased M is the possession of the net M, the deceased MO was the cultivation of the real estate of this case from the deceased M and village residents, and the deceased M was the cultivation of the real estate of this case which he cultivated to P and its subsidiaries for several hundreds, while cultivating the above real estate of this case for three hundreds, the plaintiff's mother was destroyed each year, and the fact that P had been managed by the deceased M.

However, the following circumstances, which can be acknowledged by adding the aforementioned evidence Nos. 1, 2, and 1 to the purport of the evidence Nos. 1 and 1 and the entire arguments, are as follows: < Amended by Presidential Decree No. 13035, Jul. 30, 1990>