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(영문) 부산지방법원동부지원 2016.12.14 2015가단23620
소유권이전등기
Text

1. As to the portion of 3/13 shares in the part of 3/13 square meters in Busan-gun H, Defendant C, D, E, F, and G, respectively, 2/13.

Reasons

1. Facts of recognition;

A. On May 21, 1940, registration of preservation of ownership has been made in the name of L on May 21, 1940 with respect to the land prior to the Busan-gun H 238 square meters (hereinafter “land prior to the instant subdivision”).

B. After that, the deceased L sold the land before the instant partition to the deceased M, and the network M sold the land to the deceased N around October 1964, and the network N sold the land to the Plaintiff on April 17, 1973, but the network M, network N, and the Plaintiff did not complete the ownership transfer registration for each purchase.

C. Around April 17, 1973, the network N sold to the Plaintiff three parcels of land, including 258 square meters and 1,557 square meters, adjacent to the said land, in addition to the land prior to the instant partition. At the time of the purchase, the ownership transfer registration was made in the name of each Plaintiff on April 20, 1973, since the ownership transfer registration was already made in the name of the network N with respect to the remaining land other than the instant land at the time of the purchase.

The plaintiff above C.

From the date of purchase of each land indicated in the port, farming houses were started in each of the above lands, and occupation has been continued until now for the remaining lands, excluding the land incorporated into roads around 2007 among the land before the partition of this case.

E. The deceased L was killed on November 15, 2006, and the Defendants were co-inheritors of the deceased L, and the inheritance share ratio as the co-inheritors of the deceased L is as shown in the annexed sheet.

F. Meanwhile, on May 2, 2007, the instant land prior to the instant partition was divided into “48 square meters,” and on February 8, 2010, the “157 square meters prior to J” was divided and reduced to 33 square meters.

In addition, on February 8, 2010, “I road 48 square meters” was divided into “K road 10 square meters” and the area was reduced to 38 square meters.

After these processes, the current status of land is as shown in the attached Form "Indication of Real Estate".

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including each number in the case of additional number), witness Q's testimony, the purport of the whole pleadings

2. Determination

A. Article 197(1) of the Civil Act of relevant legal principles

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