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(영문) 대구지방법원 2015.11.06 2015나303933
소유권이전등기
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On October 21, 1971, the registration of ownership preservation was completed in T’s name on the instant land. On August 16, 1981, the registration of ownership transfer was completed in U, V, W, X, N’s name (1/5 shares each), from the receipt of the registration office of the Daegu District Court on August 16, 1981 to the Daegu District Court on December 6, 1972.

B. As regards U's shares 1/5 thereafter, October 2, 2002

3. 12. With respect to N's share 1/5 due to inheritance by division of consultation, the registration of ownership transfer in the name of each plaintiff was completed on November 29, 2013 on the ground of sale and purchase as of November 22, 2013.

C.V died on November 30, 1995, and Defendant D, E, F, G, H, and I are heirs as V’s children.

W W died on October 31, 1993, and Defendant J, K, L, M, and N are heirs as W’s children.

E. X died on December 27, 2007, and Defendant O as X’s wife, Defendant B, Q, R, S, and P are children of X.

【Evidence Appellants 1, 2 (including Serials; hereinafter the same shall apply) and 6 through 25

2. The parties' assertion

A. The plaintiff's assertion 1) The plaintiff's primary claim due to the completion of the prescriptive acquisition is the plaintiff's assistance division, and on March 20, 1943, before the Civil Code enters into force, Y, South-Nam, the deceased on April 11, 1964, succeeded to the real estate of this case by the plaintiff's assistance division, and Y again died on April 11, 1964, Y, who is his wife, Z, children AJ, his wife, AB (Death on July 16, 1956), and AB (her husband), who is his father and children, jointly succeeded to the real estate of this case. On the other hand, U acquired the real estate of this case from the heir of the above Y on December 6, 1972 for the purpose of using it as advance delivery, and signed a sale contract to make it difficult to dispose of the real estate under the name of 5 children, including one's own convenience.

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