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(영문) 의정부지방법원고양지원 2013.10.02 2012가단38486
소유권이전등기
Text

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

2. The plaintiff A, the defendants, and the defendants.

Reasons

Basic Facts

On June 22, 1954, the registration of transfer was completed due to the restoration in the name of I, J, and K with respect to the portion of H 657 PJ in Gyeonggi-gun on June 2, 1954.

On September 26, 1961, the land at the above H was divided into 377 square meters in the Gyeonggi-gun, Gyeonggi-do (hereinafter “Before the division”).

(1) Of the lands before subdivision, the registration of ownership transfer was completed on December 23, 1986 with respect to one-third share in the name of M on December 23, 1986, (2) with respect to one-third share in the name of N on December 31, 1988, and (3) with respect to one-third share in the name of M and N on February 7, 1989, respectively, due to the sale under the name of K on February 25, 1989.

(A) On August 12, 2004, the entire share of the land before subdivision is registered in the name of K. The land before subdivision was divided into three hundred and thirty-five square meters (the name of the administrative district is changed as of July 25, 201) and forty-five square meters, respectively.

On August 14, 2011, after K died, the registration of ownership transfer was completed in the name of the Defendants, who are the heir of K, on February 13, 201, with respect to one third share due to inheritance by consultation division.

[Ground of recognition] The fact that there is no dispute, Gap's No. 4, 5, 13, 25, 32, Eul's evidence No. 1, and the purport of the whole pleadings.

Since before 1960, P had been a new house on the H land of Gyeonggi-gu, Gyeonggi-do, and had been living with his spouse and children.

As of December 8, 1960, P entered into a sales contract with I on December 8, 1960 with the content that P purchases 114 square meters (the part of the land, including the land in this case, in terms of the size on the register) from among H land in the Gyeonggi-gun, which is the first house site where P resided in P, at the rate of 420 square meters per square.

P paid to I, on December 8, 1960, the remainder on December 24, 1960, both of which are 10,000 refunded as down payment.

P died on May 2, 1989, and at the time of death, it was registered as a resident in H in Gyeonggi-gu, Gyeonggi-do.

P. A. H. H. H.

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