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(영문) 인천지방법원 2019.09.05 2018나58311
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. At the preliminary claim of the plaintiffs added by this court, A.

Reasons

1. The Plaintiffs filed an appeal against the counterclaim part of the judgment of the court of first instance, and withdrawn an appeal against the counterclaim part in the judgment of the court of first instance. Thus, the part on the counterclaim part in the judgment of the court of first instance was separately determined.

Therefore, the following shall be judged only on the claims filed in the principal lawsuit.

2. Basic facts

A. On June 29, 1985, J completed the registration of preservation of ownership with respect to the Plux 55 square meters of Incheon Reinforcement-gun P&D (hereinafter “P land of this case”).

B. On February 18, 2016, the Plaintiffs succeeded to the property of the J as the spouse or children of the J’s death.

C. From June 11, 2004, the number of land was changed as of June 1, 2004, and six square meters was divided into 00 square meters on the same day, which became O.

(hereinafter “instant land No. 1”), on October 12, 1971, the registration of ownership preservation was made in the name of K, and on April 9, 1981, the registration of ownership transfer was made in the name of the Defendant.

With respect to the land of H 1,388 square meters (hereinafter “the land of this case”) in Incheon Strengthening-gun, L, a father of J, was investigated on April 30, 1918. On July 28, 1980, the registration of preservation of ownership was made in the name of the defendant on April 9, 1981.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 10, 12, 13 items, and the purport of the whole pleadings

3. Judgment on the main claim

A. On March 25, 1972, K sold the land of this case to the Defendant on March 25, 1972, K sold the part 2, 3, 15, 16, 17, 18, 19, 20, 21, 8, 9, 10, 14, 13, and 90 square meters (hereinafter “the part 1 (b) of the instant land”) on the part of the Plaintiff.

On April 9, 1981, the defendant decided to organize a later public book, and completed the registration of ownership transfer alone.

L = 14,20,21,22,23, 12, 13, and 14 of the [Attachment 1] Map 14, 20, 21, 22, 23, 12, 13, and 14 while selling the land of this case to the Defendant around 1980.

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