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(영문) 부산지방법원 2014.07.15 2014가단15985
집행문부여
Text

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

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

Reasons

1. Basic facts

A. Among the parties’ status network D (Death on March 14, 1965) and network E (Death on January 31, 1996), the deceased F (Death on October 28, 2006), C, G, H, I, I, J, and K (hereinafter “Plaintiff, etc.”) were children.

B. C registration of ownership transfer under the name of C shall be completed on November 18, 1965 on the ground of the completion of redemption on December 31, 1954 with respect to ① 1,772 square meters of L forest land in Yangsan-si (hereinafter “L forest”) and the number and land category of other land, and M forest land’s 714 square meters of land. The registration of ownership transfer shall be completed on the ground of sale on April 10, 1969 with respect to 3,326 square meters of N forest land on January 26, 1978.

C. On July 1, 2003, the Plaintiff et al. filed a lawsuit against C on July 1, 2003 against the Busan District Court Decision 2003Kadan83869, stating that “C shall implement the procedure for ownership transfer registration on the ground of the cancellation of title trust with respect to N forest land under the title trust against the Plaintiffs in relation to the real estate provisional disposal case under the Busan District Court Decision 2002Kadan45083.”

(hereinafter “Prior Case”). The causes of the prior case were stated to the effect that “The N Forest was purchased from the owner around April 1963 by the network D, but the heir died without completing the registration of transfer, and the heir was described to the effect that the title trust was made in C.

Since then, the Plaintiff, etc. modified the purport of the claim to the Plaintiffs that “the Defendant shall implement the procedures for ownership transfer registration based on inheritance by shares in N Forest, L Forest, O Forest, P P, and M Forest (hereinafter “N Forest, etc.”).”

The reason for the change is "the reason for the claim", and the above real estate was owned by the network D, but the registration of ownership transfer was not made in the name of the deceased.

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