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(영문) 대구지방법원 2018.08.29 2017나9594
소유권이전등기말소등기절차이행 등
Text

1. Of the judgment of the first instance, the part of the judgment against Defendant K, L, M, N,O, P, Q, and R shall be revoked.

2. Defendant K, L, M, N. among the instant lawsuits

Reasons

1. Basic facts

A. The plaintiff is a clan that consists of descendants of AC's 13 years old AD's 13 years old grouped as a joint ancestor and its descendants.

B. On November 22, 1917, AA, as a clan member of the Plaintiff, had an address in the racing-si, was assessed on November 22, 1917.

C. As a result of AA’s death on April 2, 1934, his property was inherited to Defendant S, T, U, V, W, X and B, C, D, E, F, G, H, and I, as shown in the calculation table of inheritance in the attached Form.

AB completed registration of preservation of ownership on March 13, 1971 under the Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 2111, May 21, 1969, hereinafter “Special Measures Act”) by Daegu District Court racing support receipt of the forest land of this case pursuant to Article 5478.

E. On December 31, 1987, Defendant K and his spouse, Defendant L, the children of AB, completed the registration of ownership transfer as the receipt No. 4103 on December 31, 1987, on the ground of sale and purchase with respect to each one-half of the forest of this case.

F. On September 28, 200, AB died on September 28, 200 and jointly inherited the property by Defendant K, M, N,O, P, Q, and R (hereinafter “Defendant K and six other”) 2/17.

G. On March 25, 2003, Defendant L completed the registration of ownership transfer as the receipt No. 15322 on March 25, 2003, on the ground that he donated 1/2 of the forest of this case to Defendant K as to the 1/2 of the forest of this case.

H. AJ on January 2012, on behalf of the Plaintiff, filed a lawsuit on behalf of the Plaintiff for the same structure of the instant forest as the instant case (around January 2012, 2012, against Defendant K and six other, AF, L,G, Y, B, C, D, E, and Defendant S, T, U, and V, Daegu District Court racing support 2012Gadan283 (a structure for seeking the registration of transfer due to the cancellation of title trust against the registration titleholder or his heir, against the heir of the circumstances, while seeking the cancellation of the registration against the registration titleholder or his heir).

Although the co-defendant was also included in Korea, it did not directly relate to this case, it is against Korea.

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