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(영문) 서울북부지방법원 2017.05.02 2016나34692

소유권말소등기

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1. The plaintiff's conjunctive claim and the plaintiff's main claim are exchangedly changed at the trial.

Reasons

1. Basic facts

A. The plaintiff is the spouse of G, and the defendants are the children of G, the mother of G, and they are in the relationship of E with G.

B. On October 6, 1967, the Plaintiff’s mother and the Defendants’ mother, and the Defendants’ other mother L, died as a crashing bus, and 400,000 won was paid as bereaved family’s compensation.

Of bereaved family's compensation, 200,000 won of K's son G, 100,000 won of L's P (E's husband), and 100,000 won of L's Ha (the defendant's mother is the defendant's mother's mother) received respectively.

C. The Plaintiff purchased the instant real estate from F on February 7, 1968, and completed the registration of ownership transfer on February 12, 1968.

As to each of the real estates of this case, registration of ownership transfer was completed on the ground of sale as of February 22, 1968, No. 1878, which was received as of February 22, 1968, as of February 19, 1968 (hereinafter referred to as “registration of ownership transfer of this case”) with respect to each of one-fourths of the real estates of this case.

E. Part of the instant real estate was incorporated into a road at the time of the west Coastal Expressway Expansion Project. On May 18, 1993, E delegated the Plaintiff the right to consult on compensation for losses and receive compensation concerning the instant real estate.

F. As the instant real property, I’s grave, the Plaintiff’s funeral, was moved to another part of the instant land on May 1968, and was moved to the Defendant’s outer third village J (H’s husband), the Defendants’ mother K and L around September of the same year, and the said grave was moved to another part of the instant land on September of the same year.

G. A registration certificate concerning the instant real estate is kept by the Plaintiff.

H. P, the father of the Defendants, died on December 5, 1991, and E died on March 30, 1996, and E had the Defendants and B as E’s inheritor.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, 11, 12, 17 to 20 evidence (including branch numbers; hereinafter the same shall apply) and Eul evidence 1.