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(영문) 창원지방법원 2017.05.18 2016가단6166
소유권말소등기 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiffs as the parties and the defendant G are the grandchildren, grandchildren, kyms, father I and the mother J's children, and the defendant F are the defendant G's children.

B. (1) A, such as the transfer of ownership in the name of Defendant G, completed each registration of ownership transfer on each of the real estate listed in the separate sheet (hereinafter “unclaimed real estate in this case”), No. 1 on May 2, 1934, No. 2 on May 2, 194, No. 3 on April 21, 1943, and No. 4 on August 23, 1958.

(2) On April 5, 1954, H died, and Ha succeeded to H’s inherited property by Australia, but did not complete the registration of transfer of ownership on the instant unregistered real property due to inheritance.

On the other hand, on May 2, 1950, I purchased K-ro 764 square meters (hereinafter “instant expropriated real estate”) at G-si, Gyeongnam-si, and at the same time, I purchased the instant unregistered real estate (hereinafter “each of the instant real estate”).

(3) On December 15, 1986, I died. On April 7, 1988, the Plaintiffs and Defendant G, who are the wifeJ and children, completed the registration of ownership transfer with respect to each of the instant real estate on April 7, 1988, by reason of the above inheritance, the shares in J and Defendant G 6/26, the shares in Plaintiffs A, D, and B, the shares in 4/26, and the shares in 1/26, respectively.

(4) On April 16, 198, the plaintiffs and J completed the registration of ownership transfer in the name of the defendant G on the ground of the purchase and sale on April 1, 198, No. 5913, which was received by the Changwon District Court registration office, (No. 5913).

(5) On the other hand, J died on October 24, 1996.

C. Division and expropriation (1) of the instant expropriated real estate: (a) the instant expropriated real estate was divided into 186m2 and 578m2 on May 17, 2012 into Gyeongnam-si, Gyeongnam-do.

(2) On October 4, 2012, Gyeong-si acquired 578 square meters in consultation from Defendant G on October 4, 2012, and paid 29,449,380 won to Defendant G on October 16, 2012.

On May 18, 2015, the macro-si acquired K 186 square meters in consultation from Defendant G on May 18, 2015, and on May 29, 2015, the amount of KRW 107,508,000 is to Defendant G.

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