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(영문) 대구지방법원 2017.10.18 2016나311139
소유권말소등기
Text

1. In accordance with the main claim that has been changed in exchange at the trial, the Defendants are in the middle of 131 square meters at Gyeongsan-si, the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendants are children of LA who died on July 5, 2003.

B. Around March 30, 1940, the Plaintiff’s R acquired ownership of M M 706 square meters (hereinafter “Before subdivision”).

N around April 1948 purchased 556/706 shares of the land before subdivision from R and completed the transfer registration on March 2, 1961 after purchasing on February 28, 1961 the net L.

O purchased 150/706 shares of the land before subdivision from P, and P purchased shares of the above P, and the plaintiff purchased shares from P on August 26, 1971 and completed the transfer registration on August 27, 1971.

C. The land before subdivision was divided into: around 15 December 1961, 1961 ① SP 169 and ② TW 537 square meters.

① Thereafter, SP 169 square meters was replaced by the instant land on April 16, 1974, following the subdivision rearrangement on October 1, 1973. ② TWP 537 square meters was replaced by QP 1,937 square meters (hereinafter “ Q Q land”) on December 31, 1974, following the subdivision rearrangement on October 20, 1974.

E. As to the land of this case, B.

As stated in the preceding paragraph, the net L and the Plaintiff's co-ownership registration has been completed, and Q land has been registered through V, W, X, andY after the registration of ownership transfer in U was completed in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate on July 8, 1981 (Act No. 3094 of Dec. 31, 197).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6 through 10 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment as to the main claim

A. The summary of the parties’ assertion 1: (a) the Plaintiff N purchased 56/706 shares by specifying the farmland portion of the land before subdivision from R; and (b) theO purchased 150/706 shares by specifying the housing site portion.

The land before subdivision has been maintained and succeeded to the above specific portion in the process of subdivision and replotting, and the Plaintiff and the Simn L are dividedly co-ownership relation with the instant land and Q Q land.

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