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(영문) 대구지방법원 2017.11.14 2016가단132199
소유권이전등기
Text

1. As to the Plaintiff, with respect to the share of 1,078 square meters in the cemetery C, Cheongdo-gun, Cheongbuk-do-gun, and Defendant A with respect to the share of 950/1078, and Defendant B with respect to 128/1078.

Reasons

1. Basic facts

A. On January 10, 1919, the D Cemetery 5,950 square meters (hereinafter “the real estate before the instant subdivision”) was divided into the F cemetery 1,994 square meters on June 15, 1994, the G cemetery 373 square meters on August 11, 1997, the H cemetery 351 square meters on November 26, 1997, the C cemetery 1,151 square meters, and 446 square meters on November 26, 1997; thereafter, the C cemetery 1,151 square meters on January 15, 201 and the area of the C cemetery 73 square meters on January 15, 201 is currently 1,078 square meters.

(hereinafter “Real Estate after the instant division”). B.

On the other hand, L, the representative of K company, completed the registration of ownership transfer on June 24, 1993 in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate on October 25, 1959 on the ground that L, the real estate of this case was purchased from E on October 25, 1959, and completed the registration of ownership transfer of one half of the above real estate on the ground of donation to K company on July 16, 1993, and one half of L was transferred in sequence to M on the ground of sale on May 30, 1996, and on the ground of donation on July 8, 1997.

C. On November 26, 1997, the C cemetery 1,151 square meters divided from the real estate before the instant partition was transferred to L on January 21, 1998 to the entire co-owners except L’ shares. On October 11, 2000, part of L’s ownership (201/151/1150) was transferred toO on the ground of sale, and on January 16, 2001, after the instant division, L’s share became 950/1078 of the common property and 128/1078 of the O’s share became 128/1078 of the common property division on January 19, 201.

After that, the entire shares of P on June 15, 2003 after the division of the instant real estate were transferred to P on the grounds of sale and purchase, and the entire shares of P were transferred to Defendant B on September 14, 2015 due to inheritance by consultation and division. The entire shares of L on real estate after the division of the instant case were transferred to Defendant A on the grounds of donation on January 29, 2009.

[Ground of recognition] Unsatisfy, A(1) through (3)

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