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(영문) 대구지방법원 2015.05.21 2014가합204431
소유권이전등기 말소 등
Text

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

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Nonparty D, children L, M, and N, the spouse of the G, children H, I, J, and network K, who died as the Plaintiff’s father on March 6, 1970. The deceased’s legal heir of the deceased F, who was the spouse, was the Defendant D, children L, M, and N.

The network K died on June 29, 1957, before the network F deceased.

나. 망 F의 소유이던 대구 동구 E 대 1045m^{2 }(이하 ‘이 사건 토지’라 한다) 중 2509/3225 지분(이하 ‘이 사건 토지지분’이라 한다)에 관하여, 피고 D는 1970. 3. 7. 매매를 원인으로 하여 대구지방법원 동대구등기소 1970. 3. 10. 접수 제10727호로 소유권이전등기를 마쳤다.

C. Of the instant land, only the remaining shares, i.e., 716/3225 shares were succeeded to heirs. With respect to shares of 11/110 shares among them, with respect to the net H, I, and J, with respect to shares of 22/110 shares among them, with respect to shares of 6/110 shares of the network K D, with respect to shares of 3/110 shares among them, for M, with respect to shares of 3/110 shares among them, and for N, with respect to shares of 18/110 shares among them, each registration office completed each ownership transfer registration was completed on the ground of inheritance on March 6, 1970.

The plaintiff's denial network H died on December 10, 1976, and H's legal heir as well asO, P, Q, R, S, and T including the plaintiff.

E. N completed the registration of ownership transfer on the ground of sale on February 29, 1972, No. 48786, as of February 23, 1972, with respect to the aggregate of 22/110 shares in the remainder of the instant case owned by H, I, and J, and the aggregate of 3/110 shares in M, 69/110 shares in M, and the ownership transfer registration was completed on the ground of sale on December 23, 1972. Of the remaining shares in the instant case owned by L, 2.67/110 shares in the aggregate of 6/110 shares in the gift on December 26, 1985 were completed to N, and the remainder of 3.3/10 shares in the instant case was completed on the same day on the ground of donation.

With respect to the above 11/110 shares owned by G, 4/110 shares out of the remaining shares of this case shall be N on the ground of donation on the same day, and remaining 7/110 shares.

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