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(영문) 대구지방법원상주지원 2015.02.13 2014가단2180
소유권이전등기말소 등
Text

1. The plaintiff's primary and conjunctive claims against the defendant B, the primary and conjunctive claims against the defendant C, and the defendant.

Reasons

1. Basic facts

A. Nonparty E completed the registration of preservation of ownership on December 17, 1932 with respect to the land of approximately three thousand nine hundred (3,900 (hereinafter “instant land before the instant subdivision”) in the name of Gyeongcheon-gun, Chungcheongnam-gun.

around December 19, 1963, Ycheon-gun purchased from E 3,90 square meters of the land before the instant subdivision by specifying the location and area of 2,624 square meters.

By specifying the location and size of the land prior to the instant subdivision at 2,624 and 1,276, Pacheon-gun and E, the remaining 1,276 square meters (hereinafter “instant land”) sold to Ycheon-gun following the land subdivision procedure was divided into 1,276 square meters prior to G, and 2,624 square meters (hereinafter “the instant land 2”) purchased by Pacheon-gun, Pacheon-gun and 2,624 square meters (hereinafter “instant land”) divided into 2,624 square meters prior to D.

However, on April 7, 1964, Ycheon-gun and E completed co-ownership registration according to the ratio of size as E did not take a procedure for filing an application for divisional registration on the registry, and as Ycheon-gun shares 2,624/3,90 shares in the land before subdivision of this case, around April 7, 1964.

B. After that, on March 30, 1972, the Plaintiff purchased the entire land No. 2 fromYcheon-gun, and completed the registration of ownership transfer in the name of the Plaintiff with respect to the shares ofYcheon-gun (2,624/3,900) among the land before the instant partition on April 6, 1972.

C. E died on August 10, 1978.

On November 23, 1984, Defendant B, as E, filed for the divisional registration of the instant land No. 1 on November 23, 1984, and completed the registration of ownership transfer under his name (hereinafter “the first registration of ownership transfer”) under the old Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562) with respect to all co-owners of the instant land No. 1 on October 20, 1973 on the ground of sale on November 23, 1984.

In addition, Defendant B’s registration of transfer of ownership under his name on August 16, 2002 due to inheritance due to a division of consultation held on August 10, 1978 with respect to E’s shares (1,276/3,900) among the land of this case among the land of this case.

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