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(영문) 대구지방법원포항지원 2015.12.18 2015가합361
소유권이전등기
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. 1) F and G were married to and were 2 South and North 5 women under the chain of marriage. The age order of the designated parties C was F and G, H were 3 women, 1, 4 women in the name of the designated parties, 5 women in the Defendant, 1, 5 women in the name of the designated parties, 5 women in the name of the Plaintiff, and 2) F died on February 15, 1973. G died on May 9, 201.

(2) Pursuant to Article 1009 of the former Civil Act (amended by Act No. 471 of Feb. 2, 1958 and amended by Act No. 3051 of Dec. 31, 1977), the part of the networkF (hereinafter “the networkF”) died on February 15, 1973, and the part of the network G (hereinafter “the networkF”). Under Article 1009 of the former Civil Act (amended by Act No. 3051 of Dec. 31, 1958), the part of the network was inherited by the Defendant 3/10 shares, the Plaintiff 2/10 shares, the Selection C and H shares, and 1/10 shares, each of the remaining designated parties and I inherited the part of the network’s property on May 9, 2011.

B. 1) The possession of real estate in the name of each part of the network of paragraph 1) and the 1-D and each part of paragraph 1 (e) around May 9, 1973 with respect to each part of paragraph 1 (a), where the land was specified in the name of the unit of the network of the Gyeongbuk-gun Yung-gun 100 (hereinafter referred to as the "Gyeongbuk-gun Yung-gun" in the name of the unit of paragraph 1

5. The registration of transfer of ownership in the name of the defendant was completed on the grounds of sale;

B) Article 1(f) of the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3562, Apr. 3, 1982; Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”) with respect to each piece of land in the name of the network, around June 29, 1985.

Based on the above, on May 25, 1974, the registration of ownership transfer was completed under the Defendant’s name on the grounds of sale. C) J 100 square meters was divided into the land in paragraphs 1(a) through (c) and 4(c) through (f) each time until January 15, 2008.

However, the land in paragraph 4 was 30 square meters after the division and was combined with other land, and the area was increased to 50 square meters, but it does not distinguish before and after the merger, and the land in paragraph 4 (c) or (f) is the same.

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