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(영문) 대구지방법원 서부지원 2021.02.03 2020가단51546
소유권이전등기
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 29, 1960, the Plaintiff’s attached land completed the registration of transfer of each ownership on the ground of sale on the one hand on February 5, 1957 with respect to the land of 13 square meters and 30 square meters of a D-road (hereinafter “D-related land prior to D-related land”).

B. C died on January 21, 1981, and as inheritor, there was Plaintiff, F, G, H, I, J, K, and L, the spouse E and children.

(c)

On August 21, 1987, with respect to B and D land prior to the annexation, each ownership due to the sale and purchase by the person on March 10, 1968 was changed due to the name of G on March 10, 1968, and thereafter, each ownership was changed due to the acquisition by consultation on July 28, 1987 in the name of the defendant on the same day.

(d)

B B B prior to the merger, the land of this case was combined on July 15, 2010 with respect to the land of this case, the land of this case, the road of 3 square meters in Gyeong-gun, Gyeongbuk-gun, the road of 3 square meters in N, and the road of 17 square meters in O.

Of the instant land, the part (A) is the part that was the land B before the annexation, and (b) is the part that was the land D before the annexation.

E. G filed a lawsuit against the Defendant on the grounds that each ownership of B and D, which was completed in the name of the Defendant, was null and void prior to the merger, by filing a lawsuit with the Seogu District Court Branch Decision 2018Gadan5866, and sought the implementation of the procedure for cancellation of registration of the previous class of land, etc. on the ground that each ownership of B and D, which was completed in the name of the Defendant, becomes null and void, the said court dismissed the claim on November 29, 2018.

Accordingly, G filed an appeal with Daegu District Court 2018Na321512. However, on July 10, 2019, the said appellate court rendered a judgment dismissing the appeal on the grounds that each ownership in the name of G becomes null and void with respect to the shares exceeding the inheritance shares in each of the above lands, and that each ownership in the name of G was insufficient to prove the grounds for invalidation of the preceding registration, etc. with respect to the shares in succession of G, and thereafter, the appeal by G was dismissed and the said judgment became final and conclusive.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, and Eul evidence No. 1 (with a number).

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