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(영문) 서울동부지방법원 2014.04.14 2012가단48221
소유권이전등기
Text

1. The Plaintiff: (a) among the 1,055 square meters of forest land in Bosi-si and the 486 square meters of V, Defendant D and Defendant E are 105/15,444 of each share; and (b) the Defendant.

Reasons

1. As to claims against Defendant D, E, M, N,O, P, etc.

A. In the event that the Plaintiff donated each of the instant land to the Plaintiff on or around January 15, 1970, around 1970, before W, which was the owner of 1,055 square meters of U forest land (hereinafter “the instant forest”) and V large 486 square meters (hereinafter “the instant land”, and the combination of the said two parcels of land was referred to as “each of the instant land”). As such, Defendant D, E, M, N,O, P, etc., the deceased W’s heir, is obligated to implement the registration procedure for transfer of ownership for each of the instant land’s shares arising from the said gift.

(b) Grounds for recognition: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. As to claims against the remaining Defendants

A. On April 22, 1966, W, on January 25, 1950, registered the preservation of ownership as to the forest of this case, and on January 25, 1950, W died on February 12, 1971. The Plaintiff and the Defendants were part of the co-inheritors (including substitute inheritors) of the deceased W (hereinafter “the deceased”). The inheritance relationship between the deceased’s inheritors is as stated in the annexed sheet of heir relations, the calculation table of inheritance, and the “final inheritance share”.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 5-8, Gap evidence 21-22 and the purport of the whole pleadings

B. The Plaintiff’s primary assertion No. 1) Around January 15, 1970, before the death of the deceased, donated each of the instant lands to the Plaintiff. As such, the Defendants, the inheritor of the deceased, are obligated to perform the procedure for ownership transfer registration on the ground of donation with respect to each of their respective shares of shares out of each of the instant lands. 2) Even if a preliminary assertion donation is not acknowledged, the Plaintiff performs the instant woodland from February 12, 1971, and the instant land from around 198 to its owner for 20 years.

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