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(영문) 수원지방법원여주지원 2020.11.11 2019가단6616
부동산소유권이전등기절차이행
Text

Defendant B, C, D, and E, each of whom is 12/102 shares, Defendant F, G, H, and I, each of which is 3/102 shares, among the land size of 1109 square meters in Gyeonggi-si M., and 3/102, respectively.

Reasons

1. Basic facts

A. On May 1, 1965, the land N in Gyeyang-gun (hereinafter “the land before subdivision”) originally owned five persons, such as O, P, Q, R, and S. The ownership transfer registration was completed in U’s name as to the co-ownership of S’s co-ownership on the land before subdivision.

B. Around March 26, 1983, the land before subdivision was divided into 1109 square meters (hereinafter “instant land”) and 5, 969 square meters (hereinafter “ neighboring land”). As to the instant land, the ownership transfer registration based on a partition of co-owned property was completed in U’s name on April 1, 1983, and the ownership transfer registration was completed as to the neighboring land under the Plaintiff’s name on March 6, 2001 under the agreement division as of December 10, 192.

C. U deceased on December 30, 198 and deceased on December 30, 198, and jointly succeeded to the deceased's property at the same rate of X,Y, Defendant B, C, D, and E according to the shares of inheritance under the former Civil Act (wholly amended by Act No. 4199, Jan. 13, 1990) by W,Y, X, and Defendant B, C, D, and E, and W died on June 2, 199 and jointly succeeded to the deceased's property at the same rate of shares of inheritance as X,Y, Defendant B, D, and E according to the shares of inheritance under the current Civil Act.

In addition, the Y died on August 6, 2014 and jointly succeeded to the property of the Defendant J, K, and L, his child, and X died on November 21, 2014 and jointly succeeded to the property of the Defendant F, G, H, and I, his child.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 8 through 10, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion and the defendants are the members of the clan A of the same air wave A in the middle of the area of the Z branch (hereinafter "A"), while it is impossible for the plaintiff to purchase the land of this case from U who was the member of the Z branch around November 30, 1978, and register it in the name of the clan, and it is impossible for the above U to register it in the name of the clan.

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