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(영문) 대전지방법원천안지원 2016.07.01 2015가합102395
상속분 반환 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The facts of recognition (1) K entered into the order of M(n), Plaintiff D(n), Plaintiff B(n), Defendant, Plaintiff A, Plaintiff C, Plaintiff E, and Plaintiff F(n) with wife L.

(2) K died on November 11, 1964, and L died on February 9, 1965.

(3) On January 13, 1965, with respect to “1,190 square meters before YJ” (hereinafter “J land”), N pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of General Farmland (Act No. 1657; hereinafter “Special Measures Act”), the registration of ownership transfer based on “sale on January 2, 1959” was completed in the Defendant’s future.

(3) On April 29, 1970, the registration of ownership transfer was made on April 29, 1970 with respect to “H land 5,770 square meters” (hereinafter “H land”).

(4) The “I land” is “I land of 878m20,000 square meters or less in Asia-si.”

on March 8, 1982, the ownership transfer registration was made in the defendant's future on March 8, 1982. 【Evidence Nos. 1, 2, 1, and 6 of the Grounds for Recognition (including the number; hereinafter the same shall apply)

2. The parties' assertion

A. The Defendant, on March 22, 2014, entered into an oral donation agreement with the Plaintiffs on H land, which was owned by the Plaintiffs and the Defendant’s headquarters, according to their shares in inheritance. The Defendant, on March 22, 2014, entered into an oral donation agreement with the Plaintiffs on the part of the Plaintiff C, E, and F on the share transfer registration for each one-third share of the I land owned by the network K. Accordingly, the Defendant is obliged to implement the procedures for the transfer registration for H land as stated in the claim regarding H land. 2) The J land purchased from NN on January 2, 1959.

When the Defendant died under his name without completing the registration of ownership transfer of the above land, the Defendant received the registration of ownership transfer under the Act on Special Measures for the Management of Land, as if he purchased the above land from N on January 2, 1959.

Therefore, above.

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