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(영문) 대구지방법원 2016.12.07 2016나305684
소유권말소등기
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked.

2. The plaintiff's lawsuits against the defendant B, C, and D respectively.

Reasons

1. Basic facts

A. Of the land listed in the attached Table 1 (hereinafter referred to as “the land listed in the attached Table 1”), land Nos. 1 through 4 was originally owned by Nonparty O, and the land No. 5 was owned by the network P. The land was unregistered land, and the land Nos. 6 through 8 is unregistered land and is registered in the land ledger in the name of X.

B.O and P were married couple.

C. On March 23, 1996, theO entered into a sales contract with the Plaintiff on the following (hereinafter “instant sales contract”). On March 23, 1996, theO sold the remaining seven parcels of land except for Q and R &R land (the land was part of the original Q & R land, and the land was later subdivided into Q and R &R land, and the grave was excluded from sale due to the aboveO’s lighting) at the time of March 23, 1996 (hereinafter “instant sales contract”).

The Plaintiff paid 2,00,000 won as the down payment on the day of the above sales contract, 2,000,000 won in part of the intermediate payment 2,00,000 won on May 6, 1996, and 1,00,000 won in any balance on August 6, 1996.

The ownership transfer registration of Defendant B, etc. was completed as stated in paragraph 1 of the claim, and the third and fourth land remains in the name ofO, and the fifth land remains in the name of P. ownership transfer registration.

E. P andO had Defendant E and C co-defendant F, G, M, N, and non-party network S as their children. P died on March 14, 1982; P on October 27, 2002; and S died on September 20, 2012.

(f) After the death of theO in respect of land 2 to 4, the co-defendant M, N, F, and G co-defendant M, N, F, and G were jointly inherited in proportion to 1/6 each, and the final inheritance shares by inheritance of the shares of the Co-Defendant H, I, K, and L in the first instance court due to the death of S among them are as listed in the Schedule 2.

G. After the death of P, P jointly succeeded to 6:1:6:4 of the wife’s O, E, G, Australia’s heir, Australia’s heir, U.S. Women’s M, and South N, respectively. On October 27, 2002, P jointly succeeded to O at the ratio of 1/6 of each of them. The O died on October 27, 2002 and jointly succeeded to O at the ratio of Defendant E, the first instance trial co-defendant F, G, M, N, and the aforesaid S.’s 1/6.

And S on September 20, 2012.

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