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(영문) 대구지방법원 2016.05.17 2015가단7500
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. M and N own 328/52, 224/52, and 139 square meters (hereinafter “each of the instant lands”) in proportion to the share of 328/52, and 224/52, each of the instant lands owned by M. On February 21, 1954, M and N purchased the share of M and filed a registration of transfer thereof. On June 8, 1966, M and N purchased the share of N’s ownership and registered it in the name of Nonparty S.

B. Since September 23, 1993, S sold all of its shares to the Plaintiff. Since that time, the Plaintiff occupied the entire land of this case by cultivating it as a stowing field, etc.

C. Meanwhile, Q died and the Defendants inherited each of the instant land according to the statutory inheritance portion.

[Ground for Recognition: Unsatisfy, Gap evidence 1 through 6, and 8 (if there is a arbitr number, arbitr number)

(2) Each entry and the purport of the whole pleading

2. Determination as to the claim

A. On June 3, 1966, the Plaintiff purchased Q’s shares in the instant land from Nonparty Q, and the Plaintiff succeeded to the buyer’s status. As such, the Defendants, the inheritor of Q, have the obligation to implement the registration procedure for transfer of ownership to the Plaintiff regarding the respective inheritance shares in Q’s shares in each of the instant land. (ii) The Plaintiff purchased Q’s shares in Q from Nonparty Q from the instant land.

The witness’s testimony that corresponds to this point is difficult to believe and there is no other evidence to acknowledge it. Thus, the plaintiff’s claim based on this premise is without merit without any need to examine further.

B. The Defendants asserted that the Plaintiff, from September 22, 1993, occupied the entire land of the instant case in peace and public performance with intent to own it for twenty (20) years, and that the Defendants are obligated to perform the procedure for ownership transfer registration on September 23, 2013 with respect to each share of Q in the instant land.

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