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(영문) 대구지방법원 2019.09.18 2018나321284
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for a case where a part of the judgment is dismissed as follows. Thus, it is citing it as it is by the main sentence

Among the reasons of the judgment of the court of first instance, the "Witness F" is collectively called "F of the court of first instance."

In the first instance judgment, the first instance judgment from the second to the second, shall be dismissed as follows:

B. In relation to the agreement on the division of inherited property, even if there was a transfer agreement as alleged by the Plaintiffs, comprehensively taking into account the following circumstances acknowledged based on the aforementioned facts, evidence Nos. 1, 14, and evidence Nos. 1, 1, and 4, and the witness F of the first instance trial’s testimony and the entire purport of oral argument, the said transfer agreement ought to be deemed invalidated upon the agreement on the division of inherited property.

- The deceased H completed the registration of ownership transfer on the instant building due to inheritance by consultation and division on February 17, 1993.

- Without the consent of the plaintiffs on the ground of registration, the deceased H could not complete the registration of transfer of ownership on the building of this case, and the witness F of the first instance court testified that the plaintiffs consented to the registration of transfer of ownership on the ground of inheritance due to the division of consultation around February 1993.

- The deceased H completed the registration of transfer of ownership on the same date for the same cause as the instant building with respect to the land of Gangwon-gun L, but such fact alone cannot be readily concluded that the deceased H arbitrarily completed the registration of transfer of ownership with respect to the instant building.

- With respect to the instant building, before and after the death of the deceased H, the Defendant is paying the property tax.

C. Determination as to the completion of the extinctive prescription also is valid even if the transfer agreement is valid.

Even if the evidence Nos. 6, 9, 10, and 12 is written, part of the witness F of the first instance trial, part of the witness M of this court, and the whole purport of the pleading is recognized.

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