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(영문) 대구지방법원 안동지원 2021.02.17 2018가단3168
소유권이전등기
Text

1. The plaintiff's action against the defendant C, D, E, F, G (Defendant 5.), H, I, J, K, L, M, N,O, P, Z, AB, and AB.

2...

Reasons

1. According to the land ledger with no dispute, it is indicated that the net AE was under the circumstances on March 10, 1913, and the net AF was under the ownership transfer on July 1, 1926.

2. The plaintiff's assertion and judgment

A. On July 1, 1926, the Plaintiff’s alleged AF (Death on March 1, 1968) purchased the instant land from the deceased AE (Death on November 30, 1930), and the Plaintiff’s husband’s husband’s deceased AG (Death on May 26, 1979) purchased the instant land from the deceased F to 2.50,00 won.

From the time of the above purchase, the Plaintiff and the deceased AG occupied and used the instant land as a site for the housing, and the deceased AG’s inheritors divided the inheritance agreement with the Plaintiff to solely inherit the instant land after the deceased of the network AG.

Defendant C, D, E, F, G, H, H, J, K, L, M, M, P, Z, Z, AA, and Y are the successors of the network AE’s property, and Defendant C, Q, Q, R, S, T, U, V, W, X, and Y are the successors of the network AF.

Therefore, the heir of the deceased AE’s property performed the registration procedure for transfer of ownership on July 1, 1926 with respect to the portion of the land in this case to the Plaintiff, and the heir of the deceased AF’s property should implement the registration procedure for transfer of ownership on the part of the land in this case to the Plaintiff for sale on August 1, 1963.

B. (1) Determination (1) With respect to whether the net AG purchased the instant land from the net AF on August 1, 1963, there is a lack of evidence to acknowledge the fact alone, and there is no other evidence to acknowledge it.

Therefore, the claim against the deceased AF's heir's property based on this premise is without merit.

(2) As to the claim against the deceased AE’s heir, the Plaintiff sought implementation of the registration procedure for transfer of ownership against the deceased AE’s heir’s heir on behalf of the deceased AF’s heir of property.

Therefore, as seen above, the author seeks to preserve by the obligee’s subrogation.

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