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(영문) 창원지방법원 2019.05.02 2018나57091
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 31, 1918, AA Forest (hereinafter “instant land before the instant partition”) was deemed to have been owned by the State on March 31, 1918, and each ownership was transferred to AD and six other on December 28, 1929, and AE, which is the plaintiffs’ assistance and increased portion, was one of the above seven co-owners.

B. AE died on August 26, 1938, and according to customs at the time, Australia’s heir and AL, the head of South and North Korea, have succeeded to 1/7 of the net AE, and the net AL is a father and father of the Plaintiffs.

C. On October 30, 1975, the land before the instant partition was divided into a 694 square meters of AM forest (hereinafter “AM land”) from the land before the instant partition. On October 25, 1978, on October 25, 1978, the registration of preservation of ownership in the AG name (hereinafter “the instant registration of preservation of ownership”) was completed in accordance with the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094, invalidation, and hereinafter “Special Measures Act”).

The Defendants, who are the grandchildren of the network AE and the grandchildren of AG, have completed the registration of ownership transfer on February 24, 201 with respect to one half of each of the instant land, due to donation on the same day.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 4, and 6's evidence (including branch numbers), the purport of whole pleading

2. The plaintiffs asserted that they are the successors of the deceased AE and AL, and are the owners of each share listed in the separate sheet among the land of this case. Since the denial of the defendants prepared a false letter of guarantee and confirmation and completed the registration of ownership preservation of this case in accordance with the Act on Special Measures, the above registration of ownership preservation and each registration of ownership transfer in the names of the defendants, which were based on the above registration

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer based on their respective shares in the separate sheet to the Plaintiffs according to their respective shares in the separate sheet.

3. Determination A.

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