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(영문) 울산지방법원 2017.12.21 2016가단69552
소유권이전등기
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant C, D, E, F, and G are 1.6 square meters each of 75 square meters in Yangsan-si.

Reasons

1. Determination as to the claim against Defendant C, D, E, F, and G

A. While the Plaintiff purchased the instant land from the deceased and delayed the registration of ownership transfer, the said Defendants and I inherited the deceased according to the deceased’s death, thus demanding the Defendants to implement the procedure for the registration of ownership transfer of the instant land to the Plaintiff according to their shares in inheritance.

(b) Article 208(3)2 of the Civil Procedure Act on the judgment of deemed confession.

2. Determination as to the claim against the defendant B

A. 1) The fact of recognition is 466 square meters in J-si, Yangsan-si (hereinafter “instant land before the instant partition”).

) The network K (hereinafter referred to as “the network”) shall be

(2) On February 2, 1994, part of the land was owned by L 129 square meters and M 75 square meters (hereinafter “instant land”).

2) On May 8, 2009, the Deceased completed the registration of ownership transfer on the land of this case on May 6, 2009, which was its grandchild B.

3) The Deceased died on May 9, 2009, and he succeeded to the Deceased, as his children, I and the Defendant C, D, E, F, and G. [based on recognition] Facts without dispute, Gap’s 4 through 6, and 10 through 16 (each entry, including each number, and the purport of the whole pleadings and arguments.

B. The Plaintiff’s assertion 1) On April 11, 197, in order to use the land as an access road to the Nansan-si Nan-si and the building owned by the Plaintiff, the Plaintiff purchased 22 square meters (after that, the aforementioned part was divided, and the land became the land of this case) from the Deceased for the purpose of using it as an access road to the Nansan-si and the building owned by the Plaintiff at KRW 154,00.

Defendant B received the registration of transfer from the Deceased on May 8, 2009 on the instant land due to donation, but it is the registration of invalidity of cause.

After the Deceased died on May 9, 2009, I and the Defendant C, D, E, F, and G inherited the Deceased.

Therefore, the plaintiff inherited the deceased, who is a person responsible for the registration of ownership transfer, and the defendant C, D, E, F, etc.

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