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(영문) 대구지방법원 2015.12.18 2012가단50794
소유권이전등기
Text

1. The plaintiff's primary and conjunctive claims against the defendant (Appointed Party B), the designated parties, and the defendants are dismissed.

Reasons

1. Basic facts

A. With respect to the land of 42,579 square meters in Suwon-gu, Daegu Metropolitan City prior to the subdivision and the 5250 square meters in V forest prior to the subdivision, the registration of the share transfer in the name of W (2/10 shares), X,Y (10 shares each 1/10 shares), and Z (6/10 shares) was completed on the ground of the inheritance on February 8, 1972 by the registration authority of the Daegu District Court on January 6, 1976.

B. The land was divided into 42,579 square meters in Suwon-gu, Daegu Metropolitan City prior to the division, and 5250 square meters in V forest land prior to the division into real estate listed in the attached Table 1 or 7 (hereinafter “each of the instant real estate”).

C. As to W/Y shares of each of the instant real estate, the registration of provisional disposition was completed on November 12, 1992 by the Daegu District Court registry No. 92477, which was received on November 12, 1992 by the Plaintiff as the right holder. As to X/Z shares, the registration of transfer of shares in the Plaintiff’s name was completed on July 18, 1994 by the receipt No. 66787, Jun. 17, 1994.

W died on March 26, 1984. The Defendants inherited or inherited W’s property, such as the heir relationship and the calculation table of shares in inheritance. The Defendants’ final shares in inheritance are as shown in the attached Table 2.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1-7, Gap evidence 5-1-4, the purport of the whole pleadings

2. The plaintiff's assertion

A. On August 23, 198, from around January 28, 1995 to around January 28, 1995, the Plaintiff was registered as the founder of a AB commercial school located in Daegu-gu (former AC High School). The Plaintiff’s husband AD was operating the above school as the principal of the above school. (ii) AD replacing the Plaintiff (hereinafter “Plaintiff”) established a plan to transfer the above school to Daegu-gu AE around 1992 and was recommended to purchase the land from AF, etc., in the physical coloring process, the land was planned to transfer the above school to Daegu-gu AE.

3 The original real estate was owned by W, X, Y, and Z, which are family relations, but the Z, which is the south of W, is the rest of the co-owners.

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