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(영문) 부산지방법원 2014.02.21 2012나16572
소유권이전등기절차이행
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a clan organized on January 1, 1974 for the purpose of the management of the tombstones, attending the fourth club and memorial services, mutual aid among the members, management of the clan properties, etc. among the descendants who were 21 years old and older, who are the descendants of Fmp 28 years old, Defendant C, D, and E are the successors of the deceased He, who are the descendants of Fmp 28 years old, the descendants of Fmp 28 years old.

(b) The descendants who were 1 year old 21 year old Ga and were 25 years old Ka (Death in 1931) are as shown in the annexed household chart, and the lineal descendants of Fran 25 years old Ga (Death in 1931) are as follows:

25th-year-old son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son(1978 Death), Q and girl's son's son's son's son's 27 years old son's son's son's son's son's son's son's son's son's son's son(1982 death), son's son's son's son's son's son's son's son, son's 27 years son's son.

C. Each of the real estate listed in the separate sheet No. 1 (hereinafter “instant land”) was registered on August 30, 1980 by 1/2 shares as co-ownership of Defendant B and deceased H under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate.

Defendant D, E, and U (the Plaintiff withdrawn the lawsuit against U in the first instance court) as the heir of the network H, who is the wife of the Defendant C, his children, and the Plaintiff still remains in the name of the network H with respect to the shares of the deceased H among the instant land.

[Reasons for Recognition] Each entry into the facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 7, 10, 11, 12, 22, 45, 46, 47 (hereinafter referred to as "recover numbers") and the purport of the whole pleadings, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 26-year-old damage J purchased the instant land in order to use it for the Plaintiff’s mountain, and then donated it to the Plaintiff, and thereafter, the Plaintiff was dead I and J et al. on the instant land.

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