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(영문) 춘천지방법원영월지원 2020.04.29 2019가단789
소유권이전등기
Text

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

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

Reasons

1. Facts of recognition;

A. The net Q is the owner of the Dongwon-gun Pungwon-gun 536 square meters (hereinafter “instant land”).

B. On September 11, 2002, the Plaintiff, the wife of the network R, filed a registration of preservation of ownership with respect to the 39.44 square meters of a bridged boom roof house on the instant land (hereinafter “instant house”) in its name.

C. The net Q died on January 2, 1976, and his heir was children, and there was a network S, T, net U, and Defendant E.

Since then, the deceased on September 8, 2005, the name of the defendant B and the name of the name of the deceased is ‘V'.

C, D, and F.

wife W died on July 10, 1992, and children X died on August 7, 1998.

In addition, childrenY died on October 29, 2009 in an unmarried state.

The deceased T on January 8, 2009, and his heir G and children, the wife, Defendant H, I, J, and K.

The deceased on March 4, 1987, and his heir M, N, andO, the wife of the defendant L and children.

On the other hand, the Plaintiff removed the instant house in a old age around May 2019, and on June 14, 2019, the building register for the instant house was cancelled.

[Ground of recognition] Each entry of Gap 1, 2, 3, 5 through 13, Eul 1 and 4 (including branch numbers, if any; hereinafter the same shall apply), and the purport of the whole pleadings

2. Summary of the parties' arguments

A. On March 1, 1956, the Plaintiff’s assertion Q sold the instant land to the deceased R, the husband of the Plaintiff, and around that time, the deceased R resided in the said housing before the construction of the instant housing on the said land and the death of May 10, 1986.

On September 11, 2002, the deceased R’s successors agreed to inherit the instant land and the instant house by itself, and the Plaintiff completed registration of preservation of ownership on the same day.

Therefore, the Plaintiff primarily caused the sale of the instant land against the Defendants, the heir of the net Q.

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