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(영문) 대구지방법원 2020.05.29 2019가단149273
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased I is the husband of the plaintiff A and the father of the deceased B and the deceasedJ, and the defendant E is the wife of the deceased J, the defendant F and the children of the deceased J.

B. The deceased on May 26, 198 (hereinafter “instant land”). At the time, the deceased on May 26, 198, the deceased Plaintiff A, the Nam-gu H, the Nam-gu H 357 square meters (hereinafter “instant land”). The deceased on October 2017, the deceased on September 30, 201, and the deceased on September 30, 201, C and D succeeded to the property of the deceased.

C. On April 28, 1989, according to the inheritance regulations of the former Civil Act, the land of this case was registered as the registration office of the Daegu District Court No. 34256 on April 28, 1989, with the shares of 6/29 of the Plaintiff, Plaintiff K, L, L, M, N 29 shares, and the shares of 4/29 shares in the net B B29 shares, and each share registration was completed. On May 17, 1989, the Daegu District Court registered as the registration office of the Daegu District Court No. 40813 on May 16, 1989 (hereinafter “instant ownership transfer registration”) and became the sole owner of the deceased J. D.

Plaintiff

A has been actually occupying, using, and exercising ownership of the instant land and its ground buildings, such as receiving monthly rent by continuously residing in the instant building on the ground above the instant land for the present time and leasing another room.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2-2, 4-1 to 4-4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that they did not sell their respective shares in the instant real estate to the deceased J on May 16, 1989, and even if a sales contract exists, the Defendants, the heir of the deceased J, have cancelled it on the grounds of payment of the purchase price. Thus, the Defendants, the heir of the deceased J, shall implement the procedure for the registration of ownership transfer based on the recovery of their respective shares in inheritance to the plaintiffs A and B (hereinafter the plaintiffs).

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