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(영문) 창원지방법원 2016.08.19 2015가단88567
소유권이전등기
Text

1. Each of the primary claims and the secondary claims in the instant lawsuit shall be dismissed.

2. The first preliminary.

Reasons

1. Basic facts

A. The 1,983 square meters of I forest land at the window in the city of Changwon-si in the instant I forest (hereinafter “instant I forest”) was under the circumstances of H residing in J in 1917.

After December 31, 1970, K, L, M, and N (hereinafter “K et al.”) completed the registration of initial ownership on each one-fourth portion of the instant I forest as Changwon District Court No. 30964, Dec. 31, 1970.

The defendant completed the registration of ownership transfer based on sale on October 10, 1975, under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Law No. 7500, May 26, 2005) with respect to the I forest of this case, Changwon District Court No. 42236, Jun. 25, 2008.

B. O forest land P and the Plaintiffs’ preemptive grave P completed the registration of preservation of ownership on August 31, 1981 under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Law No. 3094, Dec. 31, 197) with respect to the 99 square meters of O forest land in Chang-si, Changwon-si, located within the instant I forest (hereinafter “O forest”).

O Forest land and its neighboring areas (part of the I Forest in this case) have increased portion of P, P R's father, P's mother's grave, etc.

C. As the Plaintiffs were the wife and children of P, the Plaintiffs jointly inherited the property A3/11 shares and the remaining shares of the Plaintiffs 2/11 shares as the P died on December 6, 2014.

P In the previous lawsuit between the Plaintiffs and the Defendant, the Changwon District Court Decision 2013Kadan83476, which was the Defendant’s 1,785 square meters (hereinafter “the part of the instant I forest”) remaining 1,785 square meters, excluding the Defendant’s 100 square meters of the Defendant’s Madon’s Madon T’s Madon’s Ma

(B) On November 7, 2014, the court of first instance filed a lawsuit seeking the registration of ownership transfer based on the completion of prescription for possession on December 3, 2007. 2) On November 7, 2014, the court of first instance filed a lawsuit seeking the registration of ownership transfer based on P’s purchase from the Defendant around 1913.

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