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Reasons
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(영문) 대전지방법원 2015.10.07 2014나9760
건물매수
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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. According to the counterclaim that was brought at the trial of the court, the plaintiff (a counterclaim defendant).

Reasons

1. Basic facts

A. On December 14, 1943, T, U, Q, V, and W shared each of 1/5 shares of M 704 square meters (hereinafter “M land”), N 704 square meters (hereinafter “N land”), O large 635 square meters (hereinafter “O land”), P forest land 94,909 square meters (hereinafter “P land”); and each of the above land was owned by 1/5 shares.

B. Thereafter, with respect to the portion owned 1/5 of the land in this case, the transfer registration for the share due to the inheritance in Australia on September 27, 1950 under the name of the defendant B on April 28, 1997; with respect to the portion owned 1/5 of the shares due to the inheritance in Australia on August 15, 1956 under the name of the defendant B on April 28, 1997; with respect to the portion owned 1/5 of the shares due to the inheritance in Australia on May 17, 2010; and with respect to the portion owned 1/5 of the shares due to the inheritance due to the consultation division as of January 6, 2010, the share in the name of the defendant D; the remaining 2/25 shares in the name of the defendant E; the share in the remaining 1/5 shares due to the merger in the name of the defendant B on June 19, 2010; and the remaining shares in the name of the defendant B on June 10/19, respectively.

C. Of each of the instant lands, the transfer registration for shares 1/5 out of the above total 2/5 shares in Defendant B’s name was completed on September 29, 1997 under Defendant C’s name on the ground of donation as of August 31, 1997, and “X” recorded in the N land registry appears to be a clerical error in the “C” in light of the receipt number, grounds for registration, date of birth and address of the right holder;

Among them, with respect to the 1/5 shares in the name of Defendant C among P land, the registration of transfer of shares was cancelled due to partial cancellation of the contract on December 20, 1997.

As to the shares of Q 1/5 of each land of this case, Q died on January 27, 1992 and died on February 23, 2010, Defendant H, I, J, and K inherited each of the shares of 1/20 of the respective children.

E. The Plaintiff’s father L, the father of which, around 1960, shall be attached to M andO’s land.

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