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(영문) 춘천지방법원 2014.04.15 2013가단3517
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 9, 1965, Q and R completed the registration of ownership transfer with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) that was owned by the Plaintiff’s father and O, and Q and R completed the registration of ownership transfer with respect to each of the above co-ownership shares, as the receipt of the Chuncheon District Court on June 12, 1987, No. 12028, Q and R completed the registration of ownership transfer with respect to each of the above co-ownership.

B. The O died on May 3, 1993, and the O’s spouse S died around 1949 and jointly inherited the O’s property as the O’s owner.

C. After the death of the O, with respect to the instant real estate Nos. 1 and 3 of the attached list among the instant real estate, the transfer registration for shares of theO was completed on February 4, 2013 due to inheritance due to an agreement division in the future as stipulated in No. 6011, which was received by the Chuncheon District Court.

On the other hand, D died on December 1, 2013 while the instant lawsuit was pending, and Defendant E is the deceased’s spouse, Defendant F, G, H, I, and J as the deceased’s heir.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 3, Gap's evidence 1 to 2-1 to 3, Gap's evidence 5, Eul's evidence 1, and the purport of the whole pleadings

2. The plaintiff asserted and determined that the real estate of this case was originally donated from the deceased P, which was in fact owned by himself. Since the O, a co-owner of the real estate of this case, agreed on the registration of ownership transfer to the plaintiff as to the 1/2 share out of the real estate of this case at the plaintiff's request, it is insufficient to recognize that the plaintiff agreed on the registration of ownership transfer to the plaintiff as to the 1/2 share out of the real estate of this case, and there is no other evidence to prove otherwise.

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