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(영문) 춘천지방법원 강릉지원 2018.12.12 2018가단2772
소유권이전등기말소등기청구
Text

1. Of the instant lawsuits, the part concerning the claim for cancellation registration against Defendant B and the part concerning Defendant C, D, E, F, G, H, I, J, K, L, M, and N.

Reasons

1. Basic facts

A. On July 21, 2008, the real estate of this case was divided from 1376 square meters before P on July 21, 2008 (hereinafter “the land before subdivision”).

B. On October 26, 1959, the Plaintiff and the Dong Q’s father’s father owned 231/528 shares of the land before the division (hereinafter “the network ownership shares”), and on the whole of the network ownership shares on July 13, 197 due to the family inheritance due to the death of R, the network Q completed the registration of transfer in its name.

C. After August 25, 197, the net Q purchased part of the shares in the land before subdivision from S on August 25, 197, and completed the registration of ownership transfer in its name. On June 26, 1978, it completed the registration of ownership transfer in its name due to the partition of co-owned property.

On May 15, 1998, the Plaintiff: (a) on October 27, 1967, the right to claim the division of property upon the death of the deceased R as the preserved right; and (b) on May 19, 198, upon receiving the provisional disposition order issued by the court, filed a provisional disposition registration prohibiting the disposal of the instant real property.

E. After July 21, 2008, on each of the co-owned shares in the name of Defendant B, C, D, E, F, and G was registered on July 21, 2008, and on July 2, 2008, the registration of transfer of co-owned shares in the name of Defendant B was completed.

F. As Q died on February 11, 2013, Defendant H, I, J, K, K, L, M, and N jointly inherited the heir.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 3 and 5 evidence (including provisional number), the purport of the whole pleadings

2. Of the instant lawsuit, Defendant C, D, E, F, G, H, J, K, K, L, F, and G, the instant lawsuit was filed after the lapse of the exclusion period of 10 years as a lawsuit claiming recovery of inheritance, and thus, it is unlawful. As such, it is deemed that the instant lawsuit was lawful due to Defendant C, D, E, F, and judgment ex officio against the remaining Defendants.

He assumes that he is a true inheritor.

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