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(영문) 창원지방법원 2019.05.16 2018가단2373
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Real estate registration relationship 1) 120 m20 m2 before Kimhae-gun L (hereinafter “instant land before the instant partition”).

On May 12, 1941, the registration of ownership transfer was completed on the grounds of the sale in the name of Nonparty M in the name of Nonparty M in the name of Nonparty M in the name of Japan. M was entered on the register on October 14, 1941. M was dead on or around October 22, 1943, and on July 22, 1943, the registration of ownership transfer was completed by one half of the shares in Nonparty N and Selection D, who are children due to inheritance. 2) The land prior to the division in the instant case was registered on August 18, 1981 at 85 and 35 of the former C.

After that, 85 square meters prior to the O of Kimhae-gun was 281 square meters prior to the O of Kimhae-si, due to the conversion of area, administrative district name, land category change, etc. (hereinafter “O land of this case”), and 35 square meters prior to the Kimhae-gun C was 116 square meters prior to the O of Kimhae-si, Kimhae-gun, Kimhae-gun (hereinafter “C land of this case”).

3) As to the instant O land, the Act on Special Measures for the Transfer, etc. of Real Estate Ownership on August 28, 1981 (amended by Act No. 3094, Dec. 31, 197; hereinafter “Real Estate Special Measures Act”).

In accordance with the Plaintiff’s father P, the registration of ownership transfer was completed on August 9, 1970.B. P died on November 11, 2017.

The Plaintiff succeeded to the right to the instant O land and C land after consultation with the heir of the network P.

2) N died on February 20, 2016. The deceased’s heir of the network N has been a selected person E (E), a selected person F, a selected person G, a selected person H, a selected person H, I, a selection person J, a defendant appointed party, or a selected person K (child). 3) The deceased’s father network R and the selected person D’s father network M is between the deceased and the deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, 8 through 11 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. On May 21, 1966, Plaintiff 1’s primary assertion P is divided into D and network N.

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