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(영문) 대구지방법원서부지원 2019.05.23 2018가합92
손해배상(기)
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 1008 square meters (hereinafter “the land before the instant subdivision”) of Seogu-gu International City (hereinafter “the land before the instant subdivision”) was replaced with H 1,104 square meters (hereinafter “the instant land”) and J 2,050 square meters (hereinafter “J”) based on the former Agricultural Community Modernization Promotion Act (amended by Act No. 2486, Feb. 6, 1973; hereinafter “former Agricultural Community Modernization Promotion Act”).

B. On March 3, 1965, as the owner of the land before the instant partition, the transfer registration of the ownership of the deceased K and the deceased L was completed, which was put by the plaintiffs on each one/2 share of March 3, 1965.

C. On December 17, 1990, the plaintiffs died, on the ground of inheritance on July 21, 1980, with respect to the 1/2 portion of the land in this case owned by the deceased K, on December 17, 1990, they completed the registration of ownership transfer as to the 6/11 share of the plaintiff Eul, the 1/11 share of the plaintiff Eul, and the 4/11 share of the plaintiff Eul, and the 4/11 share of the deceased L's children, and thereafter they completed the registration of ownership transfer with respect to the Ma, which is the Ma-Ma's children of the deceased L, the registration of the vice branch branch of the Daegu District Court in Daegu, and the registration of ownership transfer (hereinafter "the registration of ownership transfer of this case") as the receipt on December 31, 1990.

The deceased M has died on April 30, 2006, and the heir is the defendant E, F, and G, the spouse of the defendant D and his children.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 6, 16 through 19 (including evidence number; hereinafter the same shall apply), Eul 1 to 3, and the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. Of the instant land, 1/2 shares are owned by the Plaintiffs, who are the heirs of the network K. As long as the registration of ownership transfer based on replotting under Article 133 of the former Agricultural Community Modernization Promotion Act has not been completed with respect to the instant land, the registration of indication of the titleholder in the name of the network K on April 26, 1990, and the registration of ownership transfer and the registration of ownership transfer in the instant case on the grounds of inheritance in the name of the Plaintiffs thereafter are entirely null and void.

B. Meanwhile, the inheritance of the plaintiffs' name is based on the inheritance.

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