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(영문) 대전지방법원 2017.12.15 2017나106907
소유권이전등기
Text

The judgment of the first instance shall be revoked.

2. The Defendant dated June 12, 2015 pertaining to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. Since around 1929, K acquired the ownership of each real estate listed in the separate sheet No. 1 and each real estate listed in the separate sheet No. 2 in the annexed sheet No. 1 and X-gun, Chungcheongnam-gun (hereinafter “X-gun”).

B. K died on January 19, 1957, and Q Q succeeds to the ownership of each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “each real estate of this case”) and X forest land.

Q completed the registration of transfer of ownership on the ground of family inheritance on January 19, 1957, as from the receipt of the Geumsan District Court No. 11530 of receipt of the Geumsan District Court, No. 11530, as to each real estate listed in [Attachment 1] No. 1, 2, and 4 of [Attachment 2] on June 18, 1981.

On the other hand, with respect to the real estate and X forests listed in the attached Table 1 List 3, Q completed each registration of preservation of ownership by the Daejeon District Court No. 5710 and 5711 under the name of "Y" as an error in application on March 27, 1995.

C. Q died on June 2, 2005, and the Defendant, Z, AA, AB, and AC, who is a child of Q, jointly succeeded to the ownership of each of the instant real estate and X forest. On March 28, 2006, the Defendant registered the correction of “Y” as a registered titleholder for the reason of error in the application filed on March 27, 1995, and completed the registration of transfer of ownership by agreement and division as of each of the instant real estate except X forests as of March 28, 2006 by the Geumsan District Court No. 4035 received on March 28, 2006.

Attached Form

The real estate stated in paragraph (1) of the list 2 was originally 1230 square meters, AE 886 square meters, AF 1759 square meters, and the real estate stated in paragraph (1) of the list 2 was 1230 square meters, AE 86 square meters, AF 1759 square meters. AG 2968 square meters, the new lot number and area were set on July 11, 1994, and the former three lots of land was closed.

【Fact-finding without a dispute over the ground for recognition, entries in Gap evidence 4 through 16 (including the provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff is a joint group of Plaintiffs Cmph 3 D.

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