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(영문) 춘천지방법원 2020.11.19 2019나53126
소유권이전등기
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim against the defendants is dismissed in entirety.

The plaintiff's total costs of litigation.

Reasons

1. Facts of recognition;

A. On January 8, 1965, the deceased M completed the registration of ownership transfer based on the sale and purchase as of March 3, 1959.

B. On November 28, 200, the network M’s wife Q was killed on November 13, 2014, and Defendant B, Defendant C, Defendant D, Defendant E, Defendant F, and Defendant G succeeded to the instant land at the ratio of 1/6, respectively.

C. On October 23, 2001, the network N died, and thereafter the network N died, Defendant H, Defendant I, each of whom 1/3 of the network N and R’s N’s children, and Defendant J and Defendant K inherited each of 1/6, respectively.

(A) On November 20, 1970, the deceased, died on the part of the deceased, Defendant J and Defendant K inherited the deceased N’s property on the part of the deceased) / [based on recognition] / In the absence of dispute, each entry of Gap evidence Nos. 1, 3, 4, 5, and 6 (including the number of branch numbers, if any; hereinafter the same shall apply) and the purport of the entire pleadings, as a whole.

2. The assertion and judgment

A. The plaintiff asserted that the deceased N purchased the land of this case from the deceased M on or around March 3, 1968, and the plaintiff purchased the land of this case from the deceased N on or around April 1983, 200,000 won (hereinafter collectively referred to as "each purchase contract of this case"), which is the heir of the deceased M, the defendant Eul, the defendant Eul, the defendant Eul, the defendant Eul, the defendant Eul, the defendant Eul, and the defendant Eul, the heir of the deceased N, the defendant H, I, the defendant J, and the defendant Eul, the heir of the deceased N, each share in the inheritance shares in the attached Form 1 among the land of this case, shall perform the registration procedure for transfer of ownership on or around the ground of sale on or around the date of non-sale on or around March 3, 1968, each of the shares in the inheritance shares in the attached Form 2, and shall perform the registration procedure for transfer of ownership on or around April 1983 of the inheritance shares in this case.

B. The following facts are revealed in full view of the overall purport of the pleadings on the testimony of the witness T in the trial room.

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