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(영문) 대구지방법원김천지원 2015.11.19 2015가단553
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The parties’ relationship Plaintiff died on June 15, 1972, on the part of the deceased N (Death on September 1, 1977)’s grandchildren N’s father, the Plaintiff’s father.

In light of the above legal principles, the deceased’s heir heir’s heir’s deceased heir’s deceased heir’s deceased P (the deceased on January 23, 1987) wife (the deceased on May 16, 2003) Defendant D’s wife (the wife), Defendant C (son) Defendant B (son), Defendant E (son), Defendant I (son), Defendant I (son), and Defendant JB (son (son on August 4, 2008) (son), Defendant JW (son (son on August 4, 2008), Defendant D (son) Defendant C (son) and Defendant G (Defendant G (son) Defendant C (Defendant A (son on May 16, 2003) were succeeded to the inheritance relationship with the deceased’s heir.

B. On December 5, 1936 (Fire 11 year), the networkO sold to the network N, on December 5, 1936, 1936, 1,342 square meters, U.S., 1,002 square meters and 139 square meters of forests and fields (hereinafter the above 3 lots of land collectively referred to as “the instant sale land,” and when referring to some of them, hereinafter “the instant parcel of land”).

(hereinafter “instant sales contract”). C.

As to the sale land of this case, the deceased N completed the registration of ownership transfer due to the above sales contract, and the plaintiff completed the registration of ownership transfer due to the donation made on May 10, 1976.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion

A. When entering into the instant sales contract, the main claimO sold not only the instant land to the network N, but also the real estate indicated in the attached Table 1 (hereinafter “W land”) and the real estate indicated in the attached Table 1 (hereinafter “instant real estate”) to the Si/Gu-si, Gu-si, as well as the instant land sold to the network N, and prepared and executed a transfer certificate on December 28, 1936.

At the time of the instant sales contract, the instant real estate was unregistered land, and the instant real estate and T-land were land attached with no boundary line and no partitioned land. The networkO changed the land category by clearing the following parts of the instant real estate and then sold the instant real estate to the network N along with T land.

Therefore, it is true.

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