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(영문) 대구지방법원 경주지원 2018.11.13 2017가단13093
소유권이전등기
Text

1. The Defendants fall under each of the column of final inheritance shares in the separate shares of the calculation sheet of the portion of inheritance among the 129 shares of the Plaintiff at the time of racing.

Reasons

1. Determination as to claims against the remaining Defendants other than Defendant D

(a)as described in paragraphs (a) and (b) below the indication of the claim;

B. Judgment by deeming confession (Defendant B, C, F, G, H, I, and J): Article 208(3)2 of the Civil Procedure Act

(c) Judgment by service (Defendant E, L, or L): Article 208(3)3 of the Civil Procedure Act;

2. Determination as to the claim against Defendant D

(a) The following facts are not clearly disputed between the parties, or may be acknowledged by comprehensively taking into account each entry in Gap evidence 1, 2, and 3 (including paper numbers) and the overall purport of the pleadings:

1) N on December 15, 1928, 1928, 129 square meters prior to M on the racing-si (hereinafter “instant land”).

(2) N sold the instant land to O on April 20, 1973, and N died while occupying the instant land from time to time.

Accordingly, the Plaintiff, as the wife of theO, succeeded to the possession of the land of this case and has been possessed until now.

3) On November 2, 1987, N succeeded to N’s rights and obligations in proportion to the 3/12 shares of P, A, R, Defendant J, and S, each of which is 2/12 shares. Following the death of P on February 3, 1990, P succeeded to five-fourths of the inheritance shares of P, Q’s inheritance shares on December 13, 2004 (3/12 / 12 / 12 / 12 / 12 / 4 / 12 / 12 / 4) of Q’s inheritance shares on December 13, 2004.

5) As R died on December 22, 2006, 11/48 of R’s above inheritance shares (i.e., 2/12/12/3/12 x 1/4) were succeeded again to Defendant F, the wife, at 3/9, to Defendant G, H, and I, who is a child, at 2/9 percent, respectively. 6) On April 19, 2002, S died on April 19, 2002, 11/48 (=2/123/12 x 1/4) of R’s above inheritance shares were succeeded again to Defendant L and L, which is a child, at the respective 1/2 ratio.

7 As a result, the N’s property rights and obligations were inherited to the Defendants, such as the attached share calculation sheet.

B. According to the above facts of recognition, the O used land of this case since April 20, 1973.

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