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(영문) 대구지방법원안동지원 2015.09.09 2014가단3986
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a clan consisting of descendants who set up G in the city. 2) The south of G is H and the south is I.

There are 30 years of age and J, 31 years of age and K with lineal descendants of Ha, South Ha.

There are 27 years old L, 29 years old M, 31 years old L, 31 years old L, 27 years old L, 29 years old L, 31 years old L.

3) N on April 9, 1963, S, who is R’s natives, died without any son, was adopted on May 24, 199, on the part of S, and Defendant D’s children, Defendant B, C, E, and F are the successors of S, who are children of R, due to S’s death.

B. The title relationship of the instant real estate 1) Each real estate listed in the separate sheet 1 (hereinafter collectively referred to as “instant real estate”).

(2) On May 3, 2013, the Defendants completed the registration of ownership preservation for shares in the attached Table 2 among the instant real estate as N and S’s heir status.

C. At the time of filing the instant lawsuit, including the Plaintiff’s representative relation, T which entered as the Plaintiff’s representative at the time of filing the instant lawsuit was killed on May 14, 2015, and U.S., currently named as the representative, is the Plaintiff’s interest-based

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 16, 18, 29 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the legitimacy of the instant lawsuit

A. The gist of the parties’ assertion is that the Plaintiff owned and managed the instant real estate for at least 20 years from May 3, 1993, the date when the Defendants completed the registration of initial ownership, and thus, the Defendants owned and managed the instant real estate for at least 20 years from May 3, 1993, when the Defendants owned and managed each of the instant real estate to the Plaintiff.

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