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(영문) 수원지방법원성남지원 2016.11.15 2013가단211338

소유권이전등기

Text

1. The plaintiff's primary claim shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

(a) The network AB was the owner of the land AC in Gwangju City prior to division.

On July 21, 1981, the above land was divided into AD 126 square meters, AE 605 square meters, AF 321 square meters.

On the same day, the registration of ownership transfer was completed in the net AG due to the sale as of October 1971. On August 25, 1993, the registration of ownership transfer was completed on the ground of the inheritance due to the merger as of March 23, 1993. On November 25, 1994, the registration of ownership transfer was completed on the ground of the sale as of November 22, 1994 under the Plaintiff’s name as of November 25, 1994.

On March 23, 2012, the said AF 321 square meters was divided into 259 square meters of AF river, 13 square meters of AI road, and 48 square meters of AJ river, and the land category was changed accordingly.

(hereinafter the above AD, AF, AI, and AJ are referred to as "each land of this case").

AB died on July 10, 1969. On the other hand, Defendant C, Defendant D, Defendant E, Defendant F, Defendant J, Defendant G, Defendant G, Defendant H, Defendant H, Defendant I, Defendant K, Defendant M, Defendant N, Defendant P, Defendant P, Defendant Q, Defendant Q, Defendant R, and Defendant R, jointly inherited the property of AB in proportion to the inheritance shares listed in the attached Table 2.

AG died on March 23, 1993, and the Defendant (Appointed Party) B, T, Selection, U, Selection, Appointor V, Selection X, Selection X, Selection, Z, and Selection AA jointly inherited the property of AG in proportion to the inheritance shares listed in attached Table 3.

【Ground of recognition” without any dispute, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Gap evidence 9 through Gap evidence 21, Gap evidence 25, 26, Gap evidence 29 through Gap evidence 42, the purport of the whole pleadings, and the purport of the whole pleadings

2. Grounds for the claim;

A. On October 10, 1971, the network operator around the main claim purchases all the above AC land from the network AB before the division, and the possession was transferred, but the parties did not register the ownership transfer by agreement. However, on July 21, 1981, the above land is divided into three parcels, and the registration of ownership transfer is completed only for the above AE land which is part of it.

On April 18, 1990, the Plaintiff purchased the said three parcels from the deceased AG, and completed the registration.