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(영문) 대구고등법원 2015.08.26 2013나2758
소유권이전등기
Text

1. The judgment of the first instance court, including the claims expanded in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff (son), Selection C, D, and E (hereinafter “Plaintiffs, etc.”) and the Defendant (Namnam), F, and G are seven copies born between the father’s father’s father’s father’s (Death on February 15, 1973; hereinafter “the deceased”) and the mother’s deceased H (Death on May 9, 201; hereinafter “the deceased mother’s mother”).

(Evidence A 1, 2, 7, 12). (b)

The deceased mother completed the registration of transfer of ownership based on donation to the defendant with respect to a part of the real estate under his name before birth. Specifically, on April 4, 2006, the registration of transfer of ownership based on donation from April 3, 2006 (Evidence A No. 5-8 and Evidence A No. 22), and the registration of transfer of ownership based on donation from September 18, 2007 (Evidence A-1, No. 48-2) was completed on September 17, 2007, respectively.

C. On the other hand, on May 8, 1973, the registration of ownership transfer in the name of the defendant was completed on the grounds of the sale on the land in the name of Ulleung-gun Q and R on April 28, 1973. On the ground of the above land, on May 22, 1984, the registration of ownership transfer in the name of the defendant was completed on December 19, 1985 on the land in the name of the 1st, the 2nd building among the 4th building was newly constructed on the ground of the above land, and the registration of ownership transfer was completed on December 6, 1985 on the above land in the name of the 1st, the 1st, and the 2nd building was extended on December 5, 1987 and the registration of ownership transfer was completed on December 4, 197.

(A) Evidence Nos. 4, 5-9, and 3) d.

The deceased on May 9, 201, and the deceased on May 9, 201, each of the seven South Korea inherited the deceased mother's property one-seven shares, but there was no active or negative property in the name of the deceased mother at the time.

[Based on recognition] Items A through 8, 11 through 15, 22, 48 (including numbers without any other indication; hereinafter the same shall apply), Eul evidence Nos. 3, and the purport of the whole pleadings

2. Judgment on the main claim

A. The plaintiff's assertion 1 of this case each of the defendant of this case.

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