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(영문) 대구지방법원포항지원 2019.02.14 2018가단102575
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 10, 1941, the network E sold the instant land to the networkF on or around October 10, 194, and sold the instant land to the networkF on or around April 7, 194, and the ownership transfer registration was not completed in the name of the networkF on each of the instant land. 2) After that, on the instant land, as to the instant land, the Daegu District Court Branch Branch of the Daegu District Court (No. 2111, May 21, 1969) was received on June 19, 1970 under the former Act on Special Measures for the Registration of Ownership (No. 23803, Nov. 7, 1970) under the same Act.

B. On March 12, 1989, the insured Party F was deceased on March 12, 1989, and the Defendant, the Plaintiff, G, H, I, and J are children of the networkF.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence (including each number), the purport of the whole pleadings

2. Determination 1 on the Plaintiff’s assertion 1) The summary of the argument was that the deceased Party managed and occupied each of the instant land in advance before the death. On August 2015, 2015, the deceased Party proposed that the Plaintiff be preserved to the Plaintiff in advance, including the part where graves are located among the instant land. The Plaintiff also accepted the proposal and agreed to transfer the ownership of the instant real estate (hereinafter “instant agreement”).

(2) The Defendant is obligated to implement the registration procedure for ownership transfer based on the instant agreement with respect to the instant real estate. 2) The testimony of the witness K alone is insufficient to recognize the fact that the instant agreement was concluded between the Plaintiff and the Defendant, and there is no other evidence to acknowledge it otherwise.

(I) The plaintiff's assertion that the agreement of this case was established in the previous lawsuit seems to have not been made.

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