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(영문) 대구고등법원 2011.04.14 2010나4012
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The following facts do not conflict between the parties, or if Gap evidence 1, 2, 5, 2-1, 4, 3-1, 3-1, 4, 5, and 4-1, 4, 5, 6, 12-1, 3, 10, 14, 16, 38, 44, 45, 5 Eul's 4, 222, 23, and 25-1, 4-4, 6, 12-1, 12-3, 27-1, 10, 14, 16, 38, 34, 45, 2-1, 2-2, 25

(1) On October 13, 1917, the registration change process of land No. 1 and the land No. 1 were assessed in the name of T on October 13, 1917, and on March 20, 1931, the registration of preservation of ownership was completed in the name of T in U (SV) who is the senior son, and then such year.

4. With respect to 14. Each one-fourth of shares (total 3/4 shares) among them, the registration of ownership transfer in W, X, andY's name was completed, and with respect to 1/3 shares (total 3/3 shares, i.e., the entire 1 share of land) among them on April 30, 1971, the registration of ownership transfer in the name of Z, AA, and AB was completed on May 5, 1950.

(2) However, AB died on October 11, 200. Defendant B was his wife, and Defendant C jointly succeeded to AB’s property as his wife. The Defendants completed the registration of ownership transfer on July 18, 2006 with respect to the remaining 2/27 shares in the land of No. 18 on July 18, 2006.

(3) Meanwhile, Z, AA and their descendants do not dispute the fact that the Z, AA and their descendants have been title trusted the land of the Plaintiff clan.

B. On October 13, 1917, the registration of ownership preservation was completed in the name of T on October 20, 1931, and the registration of ownership transfer was completed in the name of T on April 23, 197 with respect to the land AH 27,471 square meters (hereinafter referred to as “AH forest before division”) in Daegu-gun, Daegu-gun, on April 30, 197, with respect to the land AH 27,471 square meters (hereinafter referred to as “the entire land AH forest before division”), and the ownership transfer registration was completed in the name of TB on October 20, 1959.

(2) On December 11, 1979, the forest land AH before the division is Daegu.

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