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(영문) 창원지방법원밀양지원 2014.07.11 2013가합279
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff A, G, H, the Defendant, and Nonparty B, and J succeeded to the rights and obligations of the deceased K (the deceased on November 16, 1971)’s property as a result of the death on December 26, 2013 in which the instant lawsuit is pending, the Plaintiff C, his/her children, and the Plaintiff D, E, and F, who are their spouse, succeeded to the deceased’s property rights and obligations.

B. On November 3, 1962, the co-ownership registration was made on November 3, 1962 in the name of the Defendant and B, each 1/2 shares was made in the name of the Defendant and the Defendant on November 28, 1980. However, the Defendant completed the registration of ownership transfer on the portion of the L out of the land prior to subdivision on November 28, 1980 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094, Dec. 31, 1977; hereinafter “former Special Measures”).

C. On April 15, 2010, LA land before the division was divided into 24,692 square meters of LA forest, 11,471 square meters of NA forest, 13,686 square meters of O forest, and 13,686 square meters of O forest. After the division, LA forest was again divided into 3,141 square meters of LA forest (real estate stated in paragraph (1) of the attached Table), 267 square meters of P forest (real estate listed in paragraph (2) of the attached Table), Q A forest, 1,58 square meters (real estate listed in paragraph (3) of the attached Table), 19,69 square meters of QA forest, and 19,69 square meters of RA forest, and among this, R forest was subject to registration conversion on March 7, 201 and 20,012 square meters (real estate listed in paragraph (4) of the attached Table).

Since then, the above M, N, andO were incorporated into the project site of the "T Creation Project", and the defendant around May 24, 201 completed the registration of transfer of ownership for each of the above lands to the above project operator on the ground of sale, purchase, or consultation on the public site, after receiving the total amount of KRW 1,193,421,50, and the total amount of compensation for expropriation for N, N,O and obstacles, KRW 15,523,333, respectively.

[Ground of recognition] Unsatisfy, A(1) through (3)

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