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(영문) 제주지방법원 2017.03.03 2016가단3859
소유권확인등
Text

1. The Defendants shall pay to the Plaintiffs each real estate listed in the separate sheet No. 1 in accordance with the shares stated in the separate sheet No. 2. 1962.

Reasons

Basic Facts

A. On January 10, 1963, the deceased on January 10, 1963, the deceased deceased, Defendant J, the deceased, Defendant J, the deceased, the deceased, and Defendant J, the deceased, and the deceased by the deceased by inheritance of the deceased, and Defendant K, the children of the deceased on April 18, 1950, succeeded to the deceased by inheritance of the deceased by Defendant J, the deceased, the deceased, and the deceased by Defendant J, the deceased on October 8, 1971, and Defendant K, the children of the deceased on April 18, 1950, succeeded to the deceased T by inheritance of the deceased by the deceased, Defendant J, the deceased, the wife of V, and Defendant K, the children of the deceased on April 18, 1950.

C. Meanwhile, on March 4, 1969, the network W married with the network X (Death on July 8, 200), and on October 23, 201, the networkW succeeded to Defendant K, Q and R, a child, to the networkW.

On May 5, 1981, the deceased M, N,O, and P succeeded to the deceased M, N, P, the wife of the Defendant L, N,O, P.

E. On July 24, 2016, the deceased deceased, and Plaintiff C, D, E, F, G, H, and I, who is the wife, took over the instant lawsuit.

F. Each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) is owned by the network S with the land under circumstances or purchased by the network S.

[Ground of recognition] Defendant J, K, and R: (Article 208(3)2 of the Civil Procedure Act) Defendant Q: (a) there is no dispute over Defendant L, M, N,O, P, each entry in service by publication (Article 208(3)3 of the Civil Procedure Act); (b) Plaintiff’s assertion as to the overall purport of the pleadings; and (c) Plaintiff’s assertion as to the overall purport of the pleadings, since the deceased S donated each of the instant real estate to the deceased on February 10, 2016, the Defendants asserted that the Defendants are obligated to register the ownership transfer of each of the instant real estate to the Plaintiffs according to their inheritance shares.

The following circumstances, which are acknowledged by comprehensively taking account of the evidence as seen earlier, Gap evidence Nos. 5 and 7, the testimony and the purport of the entire pleadings by witnesses Y, namely, there are two net Gap and U.S., and the network S appears to have donated 9,922m2m2 before the division to the net U before the division, and the area of the above Z land is similar to the total area of each real estate of this case.

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