(영문) 수원지방법원평택지원 2013.06.05 2012가합923

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(영문) 수원지방법원평택지원 2013.06.05 2012가합923

부동산소유권이전등기말소 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and G, H, I, J, K, and L are children between M (hereinafter “the deceased”) and F, and the Defendant is a woman of the deceased.

The Deceased died on January 1, 2004, and F died on or around February 2009, and F’s inheritance share of the deceased’s property due to the death of the Deceased and F is 289/2023.

B. On January 6, 2004, the registration of ownership transfer in the name of nine persons, N, etc. was made on the ground of the transfer of subrogated ownership by the judgment of the deceased on January 6, 2004 with respect to Pyeongtaek-si Cro 711 square meters and 1,857 square meters prior to D (hereinafter “the instant 1 and 2 real estate”), and the registration of ownership transfer in the name of the deceased was made on the ground of the sale as of March 10, 1967 on the same day, and the registration of ownership transfer in the name of the deceased was made on January 29, 2004 on the ground of the sale as of March 10, 207.

C. On March 16, 2002, the registration of ownership transfer was made under the Plaintiff’s name on the ground of donation on March 16, 2002 (i.e., donation on March 13, 2002) with respect to the 1st real estate of this case, which was owned by the deceased, on a wooden ground, a arche roof, a 77.5 square meters appurtenant to 77.5 square meters of a single-story housing (hereinafter “instant 3 real estate”). On February 25, 2004, the registration of ownership transfer was made under the name of the Defendant (hereinafter “the registration of ownership transfer”) on the ground of sale on February 24, 2004 by Suwon District Court and the registration of ownership transfer under the name of the Defendant (hereinafter “the instant 3 real estate”).

On February 5, 2004, in relation to Pyeongtaek-si E Forest land owned by the deceased and the Plaintiff (each of 1/2 shares), a registration of ownership transfer under the name of the Defendant (hereinafter “instant four ownership transfer registration”) was made on the ground of sale as of December 29, 2003, as from No. 5221 of the Suwon District Court’s receipt of the land site and the registration of ownership transfer on the ground of sale as of December 5, 2004.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 4, purport of the whole pleadings

2. The plaintiff's assertion.

유사 판례

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