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(영문) 대구지방법원 2017.05.25 2016나13541
소유권이전등기말소
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph (2).

Reasons

1. The scope of this Court’s adjudication against the Defendant in the first instance trial, and ① the Plaintiff primarily sought implementation of the procedure for registration of transfer of ownership based on the completion of the prescriptive acquisition on August 7, 1992, which was completed on September 18, 1989 by the Daegu District Court, Daegu District Court, which completed on September 18, 1989 as the receipt of No. 48808, and the procedure for registration of cancellation of ownership transfer completed on January 15, 2004 by the Daegu District Court Branch Branch of the Daegu District Court Branch of the Republic of Korea Branch of the Republic of Korea Branch of the Republic of Korea Branch of the Republic of Korea Branch of the Republic of Korea Branch of the Republic of Korea Branch of the Republic of Korea Branch of the Republic of Korea Branch of the Republic of Korea Branch of the Republic of Korea Branch of the Republic of Korea Branch of the Republic of

However, the court of first instance dismissed all the plaintiffs' primary claims against the defendant and accepted only the conjunctive claims.

In this regard, the defendant only appealed for the preliminary claim against the losing part, and the scope of the court's trial is limited to the above preliminary claim.

2. Basic facts

(a) Party 1) The network (hereinafter referred to as “the network”).

On May 24, 2005, the deceased and jointly succeeded by the plaintiff B, C, D, E, F, and G, who are his wife, and their children. Each inheritance share of the plaintiffs is 3/15 of the plaintiffs and 2/15 of the plaintiffs, respectively. 2) The net AB died on July 28, 2003, and jointly succeeded by the co-defendant J, K, L, and M, who are his wife and their children.

B. The pertinent land was owned by AD, and the ownership transfer registration was completed in the name of AD on March 28, 1964, and thereafter, the ownership transfer registration was completed in the name of AA on March 15, 1979, and the ownership transfer registration was completed in the name of AB on September 18, 1989 under the name of AB on August 10, 1989.

On January 15, 2004, the defendant completed the registration of ownership transfer based on inheritance by consultation and division on July 28, 2003 with respect to the land of this case under his own name.

C. The deceased in possession cultivated the instant land from August 7, 1972 to 2004, and thereafter, AE, a fraud of the deceased, occupied the instant land.

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