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(영문) 대구지방법원경주지원 2017.08.22 2015가단3337
소유권이전등기말소등기절차이행 등
Text

1. Defendant B, C, D, E, F, G, H, and I are the Defendants deemed to have made confessions as shown in attached Table 4. The Defendants of the confessions as shown in attached Table 4.

Reasons

1. Basic facts

A. The instant real estate is a real estate under the circumstances of AA with an address in the racing-si on November 22, 1917.

B. AB completed registration of preservation of ownership of the instant real estate under the Act on Special Measures for the Registration, etc. of Forest Ownership (Act No. 2111, hereinafter “Special Measures Act”), which was received on March 13, 1971, pursuant to Article 5478 of the Act on Special Measures for the Registration, etc. of Forest Ownership.

C. Defendant K and L completed the registration of ownership transfer based on the sale on December 29, 1987, the receipt No. 4103, Dec. 31, 1987, as to each of the instant real property, with respect to one-half shares among the instant real property.

After that, Defendant K completed the registration of transfer of ownership based on the donation made on March 24, 2003 by the Daegu District Court of Law No. 15322, Mar. 25, 2003 as to the above shares of Defendant L. D.

On April 2, 1934, the above AA died on April 2, 1934, and its property was inherited to the defendant S, T, U, C, C,V, D, E,W, F, X, G, H, and I (hereinafter “Defendant S et al.”) as shown in the share of inheritance.

In addition, the above AB died on September 28, 200, and his property was inherited to Defendant M, N,O, P, K, Q, and R (hereinafter “Defendant K”) as shown in the share of inheritance calculation sheet.

E. The plaintiff clan is a clan that consists of descendants who are 13 years of age or older of AC's Si and D as a joint ancestor and their descendants.

Plaintiff

Around 2012, a clan filed a lawsuit against the Defendant S, T, U, B, C,V, D, and the deceased AG (Death on January 20, 2015), “Defendant E,W, F, and X’s decedents” (Death on January 20, 2015), “Defendant G, H, and I’s decedents” (Death on October 8, 2015), as follows: (a) the court filed a lawsuit against the Defendant under the following terms and conditions: (b) the deceased Y (Death on October 8, 2015), “Defendant G, H, and I’s decedents.”

(hereinafter “Prior Action”). The purport of the claim is ① The Republic of Korea confirms that the real estate of this case is owned by the network AA (Registration Standard Site: Busan Northern-gu).

② Defendant K shall share 1/2 of the instant real estate to the Plaintiff clan.

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