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(영문) 수원지방법원 2016.02.18 2014가합72732
소유권확인
Text

1. Of the wife population G, 955 square meters in total, 9/18 shares in Plaintiff E, and 3/18 shares in Plaintiff B, and 2/18 shares in Plaintiff C, respectively.

Reasons

1. Basic facts

A. On June 19, 1981, the network H and Plaintiff E completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, hereinafter “Special Measures Act”) that was in force at the time due to sale on June 19, 1981 with respect to each one/2 share of 95 square meters (hereinafter “instant land”).

B. After the death of H on November 7, 1993, the Plaintiff A, C, and D, the wife, inherited his/her property. Of the instant land, the Plaintiff B, the Plaintiff A, C, and D completed the registration of ownership transfer for each inheritance on January 29, 1994 with respect to the respective 2/18 shares of 3/18 shares, the Plaintiff A, C, and D, respectively.

C. Meanwhile, on July 19, 1951, the network I, a H’s partner, filed an application for permission of the above-mentioned land with respect to the land Jin-si, the wife population Jin-si and the wife population K 2,589m2,589m2 (hereinafter “each of the above-mentioned land”) adjacent to the land of this case, and obtained the above-mentioned land from the Gin-Gun.

On October 29, 2014, the Defendant filed an application against the Plaintiffs for provisional disposition prohibiting disposal of the instant land by asserting that the instant land is owned by the Defendant clan, and received a provisional disposition order issued by the Suwon District Court 2014Kadan101647, and completed the entry registration on November 13, 2014.

[Reasons for Recognition] Facts without dispute, Gap 1-4, 10 evidence, Eul 1, 3, 9 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of both claims is that H and Plaintiff E purchased the instant land from the deceased L on May 3, 1971 and completed the registration of transfer of ownership under the Act on Special Measures on June 19, 1981. Since Plaintiff B, A, C, and D, their co-inheritors as a result of H’s death, completed the registration of transfer of ownership under the Act on Special Measures on Special Measures on June 19, 1981, Plaintiff B, C, and D’s co-inheritors by inheritance shares, the instant land was owned by the Plaintiffs, notwithstanding the fact that the instant land was owned by the Plaintiffs, the Defendant clan asserted that it was

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