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(영문) 춘천지방법원강릉지원 2020.12.08 2019가단35953
소유권이전등기
Text

Of each land listed in the separate sheet to the Plaintiff:

(a) As to Defendant B’s share 9/55, Defendant C shall be equal to 6/55 shares.

Reasons

1. Basic facts

A. Each land listed in the separate sheet (hereinafter “each land of this case”) was originally owned by F. On September 10, 1974, as he died, G (H) who is the Republic of Korea succeeded to 3/11 shares, 2/11 shares, 2/11 shares, 3/11 shares, 2/11 shares, 3/11 shares, 2/11 shares, 1/11 shares, 3/11 shares, and 1/11 shares, respectively.

However, the registration of the joint inheritance was completed on December 29, 197 with respect to the land listed in paragraph 1 of the attached list, and on each land listed in paragraphs 2 and 3 of the attached list, on November 24, 1977.

B. Meanwhile, the Plaintiff’s father purchased all of the instant land from G for KRW 1,004,850 under the presence and guarantee of O, etc. on November 17, 197 (hereinafter “instant sale”). At the time of the sales contract (Evidence A2), the area of the land indicated in paragraph (1) of the attached Table was indicated as “690 square meters” in the same way as the area indicated in the relevant registry. After all, the entry of the above registry was corrected as “165 square meters” in the same way as the actual size on December 29, 197.

On that day, G paid 100,000 won of down payment to G, and at the time, N, observers, G, Defendant D, and E were residing in Gangwon-gun P, which is the location of each land of this case.

C. After that, while completing the payment of remainder to G on January 30, 1978, N received each of the instant lands around that time. From the spring point of view, N began to set up a farmer’s house, such as capital reduction and marine, from each of the instant lands.

As of June 17, 1993, N died on June 17, 1993, the Plaintiff, who was an son, independently inherited property through the agreement on the division of inherited property, and thereafter, the Plaintiff cultivated each of the land of this case before several years, and caused the lessee to cultivate it.

On the other hand, G died on October 31, 2003, and accordingly, Defendant C, as the wife, jointly inherited the property.

E. Defendant E is one of the instant lands from K, L, and M on April 26, 2016.

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