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(영문) 대구지방법원 2018.11.27 2017가단130930
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed in the name of F as of May 4, 1963 with respect to the land of Jung-gu, Daegu-gu, E, 106.4 square meters (hereinafter “the land of this case”), and the registration of ownership transfer was completed in the name of F on July 19, 1963 with respect to the land of this case (hereinafter “the building of this case”). Accordingly, the registration of ownership transfer was completed in the name of F on April 20, 1971 with respect to the land of this case No. 1 and the building of this case under the name of G (hereinafter “the deceased”).

B. After that, on October 28, 2001, the deceased died, and May 18, 2005, the registration of ownership transfer was completed by the plaintiff A on the grounds of inheritance by agreement and division. After that, on April 9, 2008, the plaintiff A donated 5/100 of the shares to the plaintiff B (the plaintiff's children) on April 17, 201, and on April 17, 2012, 15/100 of the shares of the plaintiff A, among 45/100 of the shares of the plaintiff A, donated 15/100 of the shares of the plaintiff B to the plaintiff C (the plaintiff's children), 30/10 of the shares of the plaintiff A, B 40/100, and 30/30 of the shares of the plaintiff C as of April 17, 2012.

C. Meanwhile, at H as of the 16th day of the same month on the ground of the sale as of August 14, 1919, the registration of ownership transfer was completed in the name of the Defendant on the ground of the sale as of August 16, 1919. The D major 16 square meters was divided into D major 11 square meters and 3 square meters (hereinafter “instant land”). The area of the instant land was converted from 11 square meters to 37.4 square meters as of March 28, 197.

Part of the building of this case owned by the plaintiffs is constructed on the ground of 18.4 square meters in part (b) in the ship connecting each point of the attached Form No. 1, 2, 3, 4, 5, and 1 among the land of this case owned by the defendant among the land of this case No. 2.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 4 and 5 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that the land No. 1 and the building of this case were owned by the former owners before they acquired the land of this case.

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