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(영문) 대구지방법원 2017.09.13 2017나304985
소유권확인
Text

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

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. Gri land was divided into 2,169 square meters prior to Daegu-gun, Daegu-gun, on September 1, 1996, following the change of land category and the change of administrative district, and was divided into 1,705 square meters prior to D on February 18, 2016, 173 square meters prior to E, and 291 square meters prior to F.

B. As to Gi land, the land register has not been published up until now, but each land cadastre of Gi land is indicated as H(I) acquired ownership on December 31, 1949.

C. H died on August 15, 1954 and succeeded to its property rights and obligations by the J, a family heir, and the J died on October 10, 1979, and the Defendants are the children of the J. D.

K (Around February 25, 1970, death on October 24, 2012), the husband of the Plaintiff, constructed cement block structure and sapap assessment house on the instant land, and completed the registration of initial ownership on December 30, 1978 in its name on the instant land.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 9 (including each number for additional cases), the result of surveying and appraising the Korea Land Information Corporation, the purport of the whole pleadings

2. The plaintiff's assertion

A. On April 30, 1974, the husband of the Plaintiff’s primary claim purchased the instant land from J in KRW 150,00,00, and newly constructed the instant land on that ground, and completed the registration of preservation of ownership in his own name. After the death of K, the Plaintiff solely assumed to inherit the instant housing and the instant land by agreement on the division of inherited property among the inheritors.

Therefore, the Defendants, the heir of J, are obligated to implement the registration procedure for ownership transfer on the instant land to the Plaintiff, the heir of K, for each inheritance share of the Defendants.

B. There is insufficient evidence to prove that K purchased the instant land from J even if the conjunctive claim was made.

Even if K purchased the instant land around April 30, 1974, the Plaintiff and K have become the same since K purchased the instant land.

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