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(영문) 대구지방법원서부지원 2016.10.26 2014가단38986
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) Defendant B’s increased marbage of Defendant B is 1,587 square meters of I forest land in 1918 (hereinafter “I forest land”).

2) Defendant B completed the registration of initial ownership on the land on February 25, 1939.

3) Defendant B is subject to the former Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (amended by Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”).

(B) On May 21, 191, 207, following the prescribed procedure, the ownership transfer registration on the I forest was completed on the ground of the donation from the Daegu District Court on June 7, 1994 (Article 5804). (B)O related to J forest was under the circumstances that around June 21, 1918 J forest J. 13,884 square meters (hereinafter “J forest”).

2) On June 5, 1970, Defendant C, Defendant D, Defendant F, and Defendant G’s assistance P completed the registration of ownership transfer on the grounds of sale on the J forest as of February 7, 1947.3) Defendant C, Defendant D, Defendant F, and Defendant G, together with G Q, on the grounds of inheritance by agreement and division as of November 23, 1989. The registration of ownership transfer is completed in accordance with each share (Defendant C, Defendant D, Defendant G 2/12, Q and Defendant F3/12, respectively) due to the inheritance by agreement and division as of December 5, 1984.

C. 1) Defendant H’s high tide R (the birth in 1864, the death in 1937, the other name) was 1,521 square meters and L 1,107 square meters in total (hereinafter collectively “instant farmland”) around April 29, 191, Defendant H’s high tide R (the birth in 1864, the death in 1937, and the other name).

(2) Defendant H completed each registration of initial ownership of the farmland of this case through the procedures prescribed in the Act on Special Measures on March 27, 2008.

【Ground of recognition】 In the absence of dispute, each description or image of Gap's evidence, Gap's evidence of 1, 2, 3, 26, 27, 28, Eul's evidence of 1 through 5, Eul's evidence of 1, 1, 2, Eul's evidence of 1, 7, and 8 (which include each number; hereinafter the same shall apply), and the purport of whole pleadings

2. The plaintiff's assertion

A. The claim I forest land against Defendant B was filed by the Plaintiff for the establishment, maintenance, and management of a tomb by the clan members.

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