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(영문) 창원지방법원진주지원 2014.07.23 2013가단9143
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On August 24, 1970, F has completed the registration of initial ownership as to D forest 31,934 square meters (hereinafter “land before subdivision”) in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”) prior to subdivision, in accordance with Act No. 2111).

B. After that, the Plaintiff completed the registration of ownership transfer of the land before subdivision on the ground of the donation from January 10, 1993 pursuant to the Special Act (No. 4502, Sept. 3, 1993). On October 28, 2000, the registration of ownership transfer in the name of the Plaintiff on the land before subdivision was cancelled on the ground of cancellation of agreement.

C. Defendant C completed the registration of ownership transfer on the portion of the land before subdivision due to the donation from January 20, 1975 pursuant to the Special Act (Act No. 7500 of Oct. 12, 2007). G completed the registration of ownership transfer on the portion of 4959/31934 of the land before subdivision due to the donation from January 20, 197. Pursuant to the Special Act (Act No. 7500 of Dec. 5, 1980), G completed the registration of ownership transfer on the remainder of 26975/31934 of the land before subdivision due to the donation from December 5, 1980.

The land before subdivision was divided into G and Defendant C’s share on August 2, 2010, and the land first was divided into G and Defendant C’s sole ownership, and the land second was divided into Defendant C’s sole ownership.

G on August 5, 2010, on August 2, 2010, completed the registration of ownership transfer with respect to land No. 1 for the reason of the donation made by Defendant B on August 2, 2010.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 3 (including each number), the purport of the whole pleadings

2. On the ground that the plaintiff filed a claim for ownership transfer registration on the land No. 1 and No. 2 with respect to the defendant's defense prior to the merits, the defendant asserts that the lawsuit of this case is unlawful on the grounds that the plaintiff's clan did not have any substance of the plaintiff's clan nor did it have gone through a resolution

However, according to the contents of Gap evidence Nos. 1, 5, and 8 and the purport of the whole pleadings, the plaintiff is a man over 19 years of age who wishes to be present as a subsequent grandchild of H.

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