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1. The Plaintiff (Counterclaim Defendant)’s appeal against the principal lawsuit of this case and the counterclaim of this case by the Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. On September 5, 1985, the Plaintiff married with C, the Defendant’s children, and left D and G as their children.
C filed a divorce suit against the plaintiff on the ground of the plaintiff's long-term withdrawal from home, etc., which was cited on June 7, 2007 and divorced on July 5, 2007 as the judgment became final and conclusive.
In the above judgment, C was designated as a person with parental authority and a custodian of G who was a minor at the time.
B. On December 22, 2008, the Defendant completed the registration of ownership transfer in C future on the ground that each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was donated on November 25, 2008.
C. C: (a) died on December 11, 2012; and (b) died from D and G as his heir; (c) on January 3, 2013, the registration of ownership transfer was completed in the D future on the ground of inheritance due to the consultation and division on January 3, 2013.
As to each real estate of this case, ① The registration of the right to claim transfer of ownership was completed as of June 24, 201 by the Suwon District Court Yang Jong-gu District Court No. 27994, Jun. 24, 2011, which was the provisional registration authority H (the Defendant’s children) on the ground of trade reservation on June 17, 201, and ② the registration of cancellation of the above provisional registration was completed on January 2, 2013 as of January 2, 2013 as of January 2, 2013, which was the day immediately after the death of C and the day immediately before the registration of transfer of ownership was made in the name of D, on the ground of cancellation of the above provisional registration. ③ The registration of cancellation of the provisional registration was completed as of February 13, 2013 by the receipt of the same registry office under Article 6099 of the same registry office as of February 13, 2013.
E. D’s death on October 27, 2014. On March 31, 2015, the Suwon District Court received the ownership transfer registration (hereinafter “instant ownership transfer registration”) from the Plaintiff on the ground of inheritance as the receipt No. 13244 on March 31, 2015.
F. Until now, the instant real estate is cultivated in the state of possession by the Defendant.