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(영문) 대전지방법원천안지원 2016.11.30 2016가단101347
소유권이전등기
Text

1. The Defendants are written in the column for “share seeking the registration of transfer” in the attached Table, among the area of 22,711 square meters in Chungcheongnam-gun AY AY forest in Chungcheongnam-gun.

Reasons

1. Facts of recognition;

A. Registration-related 1) On October 8, 1971, the network AZ, Defendant N, AI, network BA, BB, and BC are 271m2,271m2 (hereinafter “instant real estate”).

2) As to the instant real estate, each of the co-owners who completed the registration of initial ownership relating to 1/6 shares in each of the co-owners is: (i) the share in the AZ was omitted in the process of computerized transfer on February 4, 2002; and (ii) the Defendant NN, AI and network BA, BB, and BC were entered as co-ownership of 1/5 shares in each of the instant real estate.

B. On June 23, 1986, AZ died on June 23, 1986, and there was Plaintiff A, I, J, K, L, L, M, network BE, and network BF, the spouse of the deceased. BE died on or around April 201, and there was Plaintiff B, C, and D, the heir of the deceased on February 9, 1996. BF died on the deceased on February 9, 1996, and Plaintiff E, F, G, H, B, and B were deceased, and the heir’s share in the Defendants’ share in the instant real estate was transferred on the grounds of inheritance registration and partial donation, and as of now, the heir’s share in the Defendants’ share in the instant real estate was indicated in the column for “the Defendant’s share in possession.”

Meanwhile, BG holding 9/450 of the shares of the instant real estate as the heir of BC died on November 15, 2015, and his spouse AV, Defendant AW, and AX exist as the heir of BC died.

The shares held by Defendant AV, AW, and AX taking into account the shares held by Defendant AV are as indicated in the respective “shares held by the Defendants” column 35 to 37 of the following table:

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 11 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the above facts of recognition, part 1/6 of the Defendants’ shares in the instant real estate is null and void. As such, the Defendants are individually liable to Plaintiff B, C, and D with respect to 1/8 of their respective shares among the pertinent shares in the “share for which the registration of transfer is sought” stated in the attached Table as requested by the Plaintiffs.

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