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(영문) 대구지방법원 2020.11.13 2019가단14520
소유권이전등기이행
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff's assertion

A. The real estate listed in the separate sheet (1) as the primary cause of claim(A) is registered as the circumstance on November 3, 1914 by K residing in the Jdong of Busan Metropolitan City on its land cadastre.

(A) The above K was born on June 23, 1926 as a person who had his permanent domicile in Sinsan City L and died on June 23, 1926, and the land cadastre (Evidence A4 and 5) of this case stated that the above K’s address is “J Dong”. However, as a result of the inquiry into the Sinsan City and Nan Office, the person with the name K in Sinsan-dong at Sinsan-si was born on June 23, 1926 and was born on the date and died on June 23, 1926. Meanwhile, the old land cadastre (Evidence A5) of this case stated the above K’s resident registration number asO, but it appears that this is an error. As seen in the attached attachment relationship, the Defendants purchased the above KR’s child or grandchild, who is the head of Sinsan-si and the heir of Australia P, and the Plaintiff purchased the land from each of the above PJ office up to September 5, 1965.

2) If so, the Defendants are obligated to implement the registration procedure for ownership transfer of the instant land on or around May 1965 with respect to the Plaintiff according to their inheritance shares. B. Preliminary claim 1) The instant land is surrounded by the area of land surrounded by Q Q 6334 square meters prior to Gyeongbuk-si, Gyeongbuk-do.

R, the Plaintiff, at the time of purchase from S of the above Q prior to subdivision, knew of the fact that one of the non-claimed graves was installed in the above land, but without knowledge of about 54 square meters including the part on which the grave was installed, was divided into the land (the instant land) and purchased all of the land on which it was divided into a separate lot number.

2 thereafter, R is within the above Qua land.

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