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(영문) 대구지방법원영덕지원 2014.09.23 2013가단4451
소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. On June 30, 1965, F completed the registration of transfer of ownership on the ground of sale on March 7, 1954, with respect to the land of 2,721 square meters (hereinafter “the land before the instant partition”) between the Plaintiff and Dong G (Death on September 11, 1985) and Kim Young-gun (hereinafter “Before the instant partition”).

(hereinafter referred to as “instant co-ownership registration”). (b)

On October 31, 1986, the land before the instant subdivision was divided into 1,120 square meters (hereinafter “instant land after the instant subdivision”) and 521 square meters prior to H, 692 square meters prior to the J, and 388 square meters prior to the instant subdivision (hereinafter “instant H, I, and J land”). On March 16, 1994, the said subdivision was registered in the copy of the register of the instant land and each of the instant H, I, and J lands after the instant subdivision.

C. On December 5, 1978, the transfer registration under the name of K was made on March 16, 1994 with respect to the instant land; the transfer registration under the name of L was made on May 10, 1978 for the instant land; and the transfer registration under the name of M was made on February 10, 1978 for the instant land; and the transfer registration under the name of M was completed on March 23, 1994 for the instant land.

After the division of this case, the Plaintiff and the deceased G were registered as sharing one-half shares in each of the instant land. However, with respect to the one-half shares in the Plaintiff’s name on March 9, 2012, the registration of transfer of N on March 9, 2012 was completed on the ground of sale and purchase on March 9, 2012, and with respect to the one-half shares in the network name on September 11, 2013, the registration of transfer of each share in the Defendants’ name was completed on September 26, 2013 on the ground of inheritance by consultation and division, and the shares registered under the Defendants’ name are 1/6 each.

[Ground for Recognition] Facts without dispute, Gap evidence 1-5, Gap evidence 2-2-3, Gap evidence 3, Gap evidence 4, and the purport of whole pleadings

2. Judgment on the main claim

A. The gist of the Plaintiff’s assertion was that the instant co-ownership registration was completed in the name of the Plaintiff and the net G with respect to the land before the instant partition.

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