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(영문) 대구지방법원 2014.08.13 2013가합5965
소유권말소등기등
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. The plaintiff and the defendants are children of the network D as South Korea, and the plaintiff moved to the United States around April 1983 and acquired U.S. nationality on May 1, 1997.

B. Of 1/4 of the 512th E in Daegu-gun E (hereinafter “E”) and 0.25/3 of the F’s total 1668, the shares were owned by the Plaintiff and the Defendants, and each of the said lands was solely inherited by the deceased on August 20, 1952.

C. The network D died on November 20, 1986. The portion of inheritance between the deceased D’s co-inheritors and their respective co-inheritors pursuant to Articles 1000, 101, 1009, and 1010 of the former Civil Act (amended by Act No. 4199, Jan. 13, 1990) are as follows.

The heir’s share of inheritance Nos. 1/72 of Magirs HH 4/72, J 1/72 K 1/72 L 1/72 L 1/72, Australia’s heir M 24/72, Plaintiff 4/72, Defendant B 16/72, among Defendant B 16/72, for Defendant C16/72.

D. F’s land was divided into 2935 square meters prior to F on September 29, 1998, 821 square meters prior to F, 821 square meters prior to P, 1670 square meters prior to Q, and 88 square meters prior to Q. The said divided F’s 2935 square meters was further divided into 1961 square meters prior to F, and 974 square meters prior to R., and the said P was expropriated in Daegu Metropolitan City on September 29, 198.

(hereinafter referred to as the above, the land, excluding the part expropriated in Daegu Metropolitan City, among the F land divided as above, shall be “F after division”.

The Defendants completed the registration of transfer of ownership based on inheritance due to a consultation division under No. 35087, which was received on July 2, 2003 by the Seogu District Court Branch No. 35087, with respect to land E, including one-eight shares in land and one-eight-five-five-six percent shares in land after subdivision.

E. After the completion of the registration of transfer of ownership in the name of the Defendants, the land E and F, etc. (hereinafter “each land of this case”) were divided and the registration of transfer of ownership was completed as follows.

EW E MV W WX T FOQ CF AC F AB Y Y Y / [Ground] without dispute, Gap evidence 1 to 3 (hereinafter referred to as "the number omitted), Gap evidence 2, 3, 4, and 5 respectively.

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