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(영문) 대전지방법원홍성지원 2017.10.24 2016가단653
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. At the time of the death of the deceased F (the deceased on October 17, 1976, hereinafter “the deceased”), Defendant B, D, Plaintiff, deceased I (the deceased on October 3, 1997), and the deceased J (the deceased on March 23, 198) were his wife as his heir.

Defendant C is the children of Defendant B, and Defendant E is the children of the network I.

B. On April 23, 1971, the Deceased acquired the ownership of 12,595 square meters of land Kandong-gun, Hongsung-gun (hereinafter “one land before the division”). On February 8, 1985, the Plaintiff acquired the ownership of the said land on the ground of inheritance by agreement and division, and on February 19, 1986, the said land was divided into the instant land No. 1 and L, 8,957 square meters of land.

On March 29, 1986, Defendant B, D, and RI acquired one-third share of the land of this case on the ground of “the sale as of March 25, 1986,” and Defendant C acquired the share of the above Defendant B on September 2, 2009 on the ground of “the donation as of August 31, 2009,” and Defendant E acquired the share of the above network I on October 24, 201 on the ground of “the inheritance as of October 3, 1997.” (hereinafter “the second land before the division”) and the transfer registration of the ownership of each land of this case 2 and 4 as to each of the instant land owned by the deceased on May 10, 197 (hereinafter “the ownership transfer registration as of May 197, 197”).

Meanwhile, on November 14, 1992, the land No. 2 before subdivision was divided into 331 square meters on the instant land and M, and on September 2, 2008, the registration of ownership transfer was made in the Plaintiff’s name on the ground of “the donation from September 1, 2008,” which was made on September 2, 2008 with respect to the said land No. 331 square meters on the instant land. Since then, Defendant C had the registration of ownership transfer on the ground of “the donation from November 25, 1996,” by the court No. 14896 on November 26, 1996, with respect to the instant land No. 2, the registration of ownership transfer on the ground of “the donation from November 25, 1996.”

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