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(영문) 대구지방법원 포항지원 2017.01.12 2016가단104140
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Presumed facts

A. The Defendant is the owner of the Defendant’s land, and the Plaintiffs are co-owners, each of whom owns 1/3 shares of 477 square meters in North-gu E-gu, Northern-si (hereinafter “Plaintiff’s land”) adjacent to the said land.

B. F on June 10, 1975, the registration of the transfer of ownership with respect to the land of 896 square meters (hereinafter “instant land before the instant subdivision”) located in North-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the registration of the transfer of ownership with respect to the said land on January 4, 1986 (hereinafter “instant building”).

C. In the Daegu District Court, the Plaintiffs filed a lawsuit against F to the Daegu District Court for the registration of ownership transfer concerning the land and buildings before the instant partition in the name of F, claiming that “I had purchased the land and buildings before the instant partition from H on April 4, 1975 (hereinafter “H”) after I entered into a contract title trust agreement with F,” and received the registration of ownership transfer concerning the aggregate of 2/3 shares of the land and buildings before the instant partition from F according to the outcome of the said lawsuit ( Daegu District Court 89Na7021).

After that, some shares of the land before the partition was sold to others, but the land was divided into the partition of co-owned property on April 24, 1991.

(E) The plaintiffs have owned 1/3 shares of each of the plaintiff's land from around that time to the date of closing the argument in this case).

On the other hand, as stated in paragraph (c) above, F had completed the registration of ownership transfer on the aggregate of 2/3 shares of the instant building to the Plaintiffs, and died on November 26, 2005, Plaintiff B independently inherited the remaining 1/3 shares of the instant building in the name of F. As of the closing date of argument in the instant case, Plaintiff A owned the 1/6 shares of the instant building, Plaintiff B, and Plaintiff C owned the 1/2 shares of the said building, and Plaintiff C owned the 1/3 shares of the said building.

F. The plaintiffs, on March 13, 2006, invaded the part of the land of this case in the name of the defendant. He did not know of this fact and from September 26, 1962.

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