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(영문) 창원지방법원 2017.06.02 2016가단8605
소유권이전등기 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. L on June 20, 1975, the ownership change 1) L is the land of this case, which is the land of this case 38 square meters in J-si, Kimhae-si on June 20, 1975 (126 square meters in converted area, hereinafter “instant land”).

(2) On August 24, 1975, L died on August 24, 1975, and Defendant C and D jointly inherited L completed the registration of ownership transfer on March 24, 2015 on each of the instant land due to a property inheritance due to a consultation or division held on August 24, 1975.

3) As to the instant land on June 8, 2015, Defendant B completed the registration of ownership transfer by the Changwon District Court Kimhae-si’s receipt of the registration office of Kimhae-si under Article 66817. B. The Plaintiff’s father’s father’s father’s registration 1) divided the Plaintiff’s 3,038 square meters in M 915 square meters in M 1,188 square meters in P case, P case, 1,88 square meters in Q 935 square meters in size, which is one’s own ownership on May 27, 1987.

2) On March 14, 1988, N sold P 1,188 square meters to R, and on December 28, 1992, N sold M 915 square meters to non-S, and sold Q 935 square meters to K on November 5, 1993. (c) on August 31, 1981, K 1,035 square meters of land (hereinafter “U”) completed the registration of ownership transfer with respect to P 1,035 square meters of land in Kimhae-si (hereinafter “U”).

The plaintiff completed the registration of transfer of ownership on January 11, 1993 due to sale on December 11, 1992.

2) On June 16, 2004, K died and jointly succeeded by Defendant E, F, B, G, H, and I. [The fact that there is no dispute over the basis of recognition, each entry of evidence A1 through 12, the fact inquiry into the Kim Sea Market of this Court, the purport of the entire pleadings, as a whole.

2. Assertion and determination

A. The Plaintiff’s assertion that K purchased the instant land from L, and thereafter, the Plaintiff’s father N agreed to “Exchange the instant land purchased by K from L with Q2 owned by K.”

According to the above agreement, N transferred the ownership of Q land to K, but K only transferred the ownership of the land to the Plaintiff, who is N’s child.

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