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(영문) 수원지방법원 2019.04.23 2017가단526011
소유권이전등기
Text

1. The plaintiffs' primary claims are dismissed.

2. The defendant on April 1980, 1980 concerning the plaintiff I with respect to 575 square meters prior to OO in Osan-si.

Reasons

1. Basic facts

A. On April 27, 1936, the deceased M completed the registration of preservation of ownership as to 575 square meters (hereinafter “instant land”).

B. The deceased M appears to have already died due to P birth, and because the heir's identity is not confirmed, the Suwon District Court appointed the defendant as an administrator of inherited property on September 4, 2018.

C. On April 7, 1974, the net Q died on February 24, 2009, and the net S, his wife, died on May 17, 2015, respectively. The Plaintiffs jointly inherited the property in sequence in the same proportion as the shares of inheritance attached thereto.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 2 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. The plaintiffs, as to the primary claim of the plaintiffs, purchased the land of this case from the deceased Q from the deceased M on April 30, 1960 at the end of 200 US, the defendant asserted that the deceased Q's heir is obligated to implement the registration procedure for transfer of ownership with respect to each of the shares, such as the attached inheritance shares, among the land of this case, but it is insufficient to recognize the purchase facts only with the entries of Nos. 3 and 4 (including each number), and the testimony of T witness, so the primary claim of the plaintiffs is without merit.

3. Each entry in Gap evidence Nos. 3 and 4 (including each number), and the witness's testimony added to the purport of the whole pleadings as to the plaintiff I's preliminary claim. ① The fact that the deceased Q occupied the land of this case from April 1960 to use it as an orchard, ② the fact that the plaintiff I succeeded to the possession of the land of this case on April 7, 1974 and continued to occupy until now, ③ the fact that the plaintiff I paid the aggregate land tax or property tax of this case to at least 198, ③ the fact that the plaintiff I paid the aggregate land tax or property tax of this case every year from March 3, 2003 to the domicile of the plaintiff I, and the fact that the Gap sent the tax notice of the land of this case from April 4, 1960 to the domicile of the plaintiff I.

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