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(영문) 대구지방법원 2016.10.28 2016가단100260
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On January 4, 1983, the 1,339 square meters in Cheongdo-gun, Cheongbuk-do (hereinafter “C land before division”) purchased the ownership registration under the Defendant’s name on January 31, 1990 on the ground of sale on January 15, 1990.

B. On November 26, 1995, E deceased on November 26, 1995, and C, H, I, J, K, the Plaintiff, the Defendant, and L jointly inherited the above E.

C. Before subdivision, C’s land was divided into C, C, 659 square meters and M, 680 square meters around December 14, 1998. The land category was changed to a site and the real estate indicated in attached Table 1 (hereinafter “instant land”). D, the land category of which was 659 square meters, was changed to a site.

Attached Form

The real estate listed in the list 2 (hereinafter “instant house”) was constructed on the instant land. On December 14, 1998, the registration of ownership preservation was completed in the name of F on the ground of the gift on May 29, 2012, and the F died on October 7, 2014.

[Ground of recognition] Facts without dispute, Gap 2 to 3, Gap 5, Gap 6, Eul 1, Eul 2 (including each number), the witness J's testimony, the purport of the whole pleadings

2. Determination on the claim for transfer registration of ownership

A. The land before the Plaintiff’s assertion was purchased by E and the title trust was held against the Defendant. Since then, upon the death of E, the inheritor divided the land before the division into the Defendant, and the land of this case, the remaining 1/2 of which is the Plaintiff, was owned by the Defendant with the agreement on the division of inherited property to register the inheritance in the name of the inheritor.

In addition, the Defendant agreed at the Family Council to grant the registration of ownership transfer pursuant to the agreement to the Plaintiff and other inheritors with respect to the land of this case after the land of this case was divided and the land category was changed to the site.

Therefore, the defendant, among the land in this case, delivered a copy of the complaint in this case as to the plaintiff's 19/152 shares of inheritance among the land in this case on January 2016.

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