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Reasons
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(영문) 대구지방법원 포항지원 2017.01.12 2015가단305861
소유권이전등기
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the south of the deceased D (hereinafter “the deceased”), and the Defendant is the south of the deceased, and is between siblings.

B. Around September 19, 1978, the deceased purchased the instant land and 3,612 square meters in North Korea, North Korea-gu, North Korea-si (hereinafter “F land”) and 584 square meters in G orchard (hereinafter “G land”). Around September 19, 1978, the deceased purchased the instant land and 3,612 square meters in North Korea-gu, North Korea-si, and 584 square meters in G orchard (hereinafter “G land”); (a) the deceased purchased the entire land and 1/2 shares in the instant land; and (b) the deceased registered the ownership transfer of the land (shares) purchased to E on the 25th of the same month.

C. On July 10, 1992, E completed the registration of transfer of ownership on July 4, 1992 with respect to shares of 3,300/34,80 of the instant land to the Defendant.

With respect to 1/2 shares out of the instant land, the deceased donated 10,800/34,80 shares to the Defendant, and 6,600/34,80 shares to the Plaintiff. Accordingly, around August 28, 1992 between E and the Plaintiff, and the Defendant, “The Defendant’s share on the instant land registry is 3,300/34,800,000. However, in fact, E shares are 17,400 square meters, and the Defendant’s share is 3,300 square meters and 7,50 square meters, and the Plaintiff’s share is 6,600 square meters.”

E. On July 9, 1996, after the completion of the letter of certification of this case, E completed the registration of ownership transfer for 16,500/34,80 of the land of this case on June 24, 1996 (hereinafter “the registration of ownership transfer”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion was made by deceiving E on July 9, 1996, and the plaintiff received a donation from the deceased.

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