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(영문) 광주지방법원 해남지원 2018.05.29 2016가단1530
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 9, 1974, the defendant asserted that he was actually deceased on January 28, 1974.

The deceased K is a person registered as the owner of the area of 758 square meters in Jeonnam-gun L, Jeonnam-gun.

B. During the death of K, M 2/21 shares, M 2/21 shares, his/her spouse, C, D and N, 6/21 shares, Selection E, Selection F, 21 shares, 4/21 shares, and 2/21 shares, and the defendant inherited M 2/21 shares, and completed inheritance registration on November 25, 197.

C. The heir of K completed the inheritance registration at the same time, as above, divided into 407 square meters (in size unit into 1,345 square meters, April 9, 1991) and 351 square meters (in size unit into 1,160 square meters, September 27, 1999; hereinafter “instant land”) and 351 square meters (in size unit into 1,160 square meters, September 1, 1999; hereinafter “instant land”), and sold the electronic land to P, and completed the registration of ownership transfer thereafter.

N died on April 20, 1995, and 1/21 of N’s shares in the land of this case succeeded by the Appointor I and J, his spouse, H and children.

E. M died on June 1, 199, and 2/21 of the instant land was inherited by the Defendant and the designated parties according to their respective inheritance shares.

As a result, the land of this case is jointly owned by the defendant and the designated parties in their respective shares in the claim.

(B) However, in the register, the land of this case was divided into each real estate listed in the separate sheet on April 15, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 5-1 to 5, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff asserted that the land in this case was sold to Q Q on May 15, 1973, to Q Q Q on December 15, 1975, to R on December 19, 1975, and to S on December 19, 1976. At that time, S cultivated the land in this case upon delivery, and donated it to the Plaintiff on January 1, 1985. The Plaintiff cultivated the land in this case from that time up to that time.

Therefore, the Plaintiff.

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