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(영문) 대전지방법원서산지원 2017.05.02 2016가단50643
소유권이전등기
Text

1. The land listed in Appendix 1 List 3 is owned by the Plaintiff (Counterclaim Defendant) and is described in Appendix 1 List 1 and 2.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. Division 1) R(S), T(U), and V(W) on August 23, 1943, completed the registration of ownership transfer as to 1/3 shares of each of the 1/3 units of X-gun X-gun, Chungcheongnam-gun on August 23, 1943. The above land was changed due to division, registration conversion, replotting, etc., and its lot number, land category, area was changed, and area was during that process, 25,650 square meters (hereinafter “Y-gun, Chungcheongnam-gun, Chungcheongnam-gun, Y-gun, Y-gun, Y-gun on March 19, 1982”).

(2) On May 4, 2005, the Plaintiff was awarded a successful bid on 6,670/25,650 shares of the land, which was divided from the above land.

On May 25, 2005, the Plaintiff filed a lawsuit seeking partition of co-owned land Y before subdivision in this court. On November 14, 2006, the land listed in the No. 1 List No. 3 from this court was sentenced to the judgment that the Plaintiff is divided into co-ownership by the remaining co-owners (this Court Decision No. 2005Da5050, hereinafter referred to as the “instant judgment”). The land listed in the No. 1 List No. 3 from this court was divided into each land listed in the separate sheet No. 1.

However, the instant judgment did not have all co-owners of the Y land before the closing of pleadings, and there was an error in calculating shares, and did not adjust shares according to the instant judgment regarding each land listed in the separate sheet No. 1.

B. On July 31, 1938, R married with Z on July 31, 1938, and died of Defendant C, D, and AA (AA on June 4, 194, without spouse or child) as her husband and wife.

AB (AB on June 30, 1945, died without spouse or child)

AC, AD, AE, AF, and Defendant E died on April 24, 1970 (Provided, That a certified copy shall be written as deceased on July 30, 1976).

The defendant C succeeded to Australia, and the Z died on March 21, 1995. Accordingly, the defendant C was 22/77 (3/11 +11/11 x 1/7), the defendant D's 15/77 (2/11 +11/11 x 1/7), AC, AD, AE, AF, and the defendant E respectively 8/7 (1/11 +11/11/7).

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