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(영문) 창원지방법원 2015.12.03 2014나33875
소유권이전등기
Text

1. It includes the primary claim that has been changed in exchange from the trial according to the plaintiffs' lawsuit acceptance system.

Reasons

1. Basic facts

A. The 1,983 square meters of land C in the window of Changwon-si, Changwon-si (hereinafter “instant C Forest”) was assessed by the S residing in R in 1917.

After December 31, 1970, T, U, V, and W (hereinafter “T”) completed the registration of preservation of ownership on each of 1/4 shares of the instant forest land under the Changwon District Court No. 30964, Dec. 31, 1970.

The defendant completed the registration of ownership transfer based on sale on October 10, 1975 by Changwon District Court No. 42236, Jun. 25, 2008, pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Law No. 7500, May 26, 2005) with respect to the forest land C in this case.

B. A completed the preservation of ownership on August 31, 1981, under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Law No. 3094, Dec. 31, 197) with respect to the registration of ownership transfer, etc. of the 99 square meters of the window of Changwon-si, Changwon-si, located within the instant C Forest (hereinafter “D Forest”).

C. Of the instant forests and fields, five graves are installed in the area (b) of 153 square meters inboard (hereinafter “instant grave installation section”) and D forests connected each point of Annex A, 2, 3, 4, 5, 15, 6, 7, 8, 13, and 13, and 153 square meters in sequence, among the instant forests and fields.

위 분묘는 A의 증조부로서 1884년경 사망한 E의 분묘, A의 부(父)로서 1967년 사망한 F의 분묘, A의 백모(伯母)로서 1980년경에 이장한 G의 분묘, A의 모(母)로서 1987. 12. 3. 사망한 H의 분묘 등이 각 위 사망일경 또는 이장일경부터 설치되어 있다. 라.

A died on December 6, 2014 while the instant lawsuit was pending, and the Plaintiff M, his spouse, was jointly succeeded to the shares of 3/11, Plaintiff N,O, P, and Q, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 9, 11, 14, Eul evidence Nos. 3, 4, 7, and 8 (including each number; hereinafter the same shall apply) and images, the result of a request for surveying and appraisal of the first instance court to the Corporation, and the purport of the whole pleadings.

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