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(영문) 대구지방법원경주지원 2019.09.10 2016가단13935
소유권이전등기
Text

1. Defendant B, C, D, E, F, G, and H are each Defendant indicated in the separate shares of inheritance calculation table among the shares of inheritance in the attached Form 119 square meters for the Plaintiff at the time of racing.

Reasons

1. Basic facts

가. 분할 전 경주시 J 대 49평(≒ 162㎡)은 세로식 폐쇄 토지대장상 K[주소 : 경주시 이하 편의상 행정구역의 변경 전후를 구분하지 않고 현재를 기준으로 ‘경주시’라고만 한다. L 현재 ‘경주시 O’의 일부에 해당한다. , 이하 불상]이 1912. 9. 30. 사정받은 것으로 기재되어 있고, 위 토지는 1975. 4. 18. M 대 13평(≒ 43㎡)과 I 대 36평(≒ 119㎡, 이하 ‘이 사건 토지’라 한다)으로 분할되어 같은 날 M 토지의 지목은 ‘도로’로 변경되었다.

B. As to M land, the land cadastre of which was drafted on July 6, 1976 was indicated as N on September 30, 1912, and the land is indicated as being transferred the ownership of M from N on August 6, 197, and as to M’s closed registration certificate, N ( Address: address: O of racing, and hereinafter referred to as “non-board”) is indicated as being completed the registration of ownership transfer on the ground of donation on the same day after completing the registration of ownership transfer on August 6, 197 upon application for the registration of ownership transfer on the same day.

Meanwhile, the instant land is indicated as the owner registered to preserve ownership on August 6, 197, as of August 6, 197, as the date of its land cadastre (hereinafter “instant land cadastre”).

C. K, the fleet of Defendant B, C, D, E, F, G, and H (hereinafter “Defendant B, etc.”) died on January 2, 194, and P succeeded to Australia alone. On August 20, 2004, as P died on August 20, 2004, Defendant B, etc., the heir, succeeded to P as to the shares of inheritance by each Defendant indicated in the separate shares of inheritance.

Meanwhile, Q, around April 7, 199, occupied and used the entire land of this case as the site by leaving 11 square meters of housing of 1st floor, 11 square meters of housing of 1st floor and 8 square meters of housing of 1st floor (hereinafter “instant building”) on the instant land. R, the Plaintiff’s attached, purchased and used the instant building from Q around June 1985, and donated it to the Plaintiff on April 7, 1998, and the Plaintiff donated it to the Plaintiff.

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