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(영문) 창원지방법원 2016.01.06 2015나4959

소유권이전등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. In the first instance court, the Plaintiff sought implementation of the procedure for ownership transfer registration of the instant building, and the first instance court dismissed the primary claim and accepted the conjunctive claim.

Accordingly, since only the defendant appealed against the part of the first instance court, the scope of the court's trial is limited to the conjunctive claim against the defendant.

2. Basic facts

A. 1) On May 29, 1921, C owned the instant land on May 29, 1921, and died on May 7, 1956, and C succeeded to the said land as Australia’s heir, and upon D’s death on November 5, 1971, C succeeded to the said land, and upon F’s death on July 8, 1980, C jointly succeeded to F’s shares inherited to F. H, children I, J, J, K, K, L, and Defendant on May 26, 1995 (Act No. 4502, Nov. 30, 1992; Act No. 4502, Nov. 1, 1993; hereinafter referred to as “the instant land”). < Amended by Act No. 4594, Apr. 25, 1998>

B. The registration of preservation of ownership relating to the instant building 1) C’s grandchildren F (C’s south D)

(2) On the instant land, the instant building was newly built and owned as the owner on July 8, 1980, and died on July 8, 1980. Of the inheritors, wife H was killed on January 30, 2002, and Nam I died on April 4, 1992. 2) The heir of F was a child J, K, N, N,O, A, and Q (I’s wife R on March 26, 2007, and on February 24, 2010). The heir of F was a sole heir of the instant building on July 16, 2010.