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(영문) 의정부지방법원 2015.08.12 2014가단117175
소유권이전등기
Text

1. Each of the plaintiffs' claims is dismissed.

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

Reasons

1. Basic facts

A. E, which has a domicile in the land survey division under the Land Survey Order in the Japanese Occupation Period, is indicated as the owner of Yangju-gun-gun-gun-gun 391 square meters in Gyeonggi-do, both-do, both of which are located in the same dong valley-dong (which is currently the administrative district of Jongno-gu, Seoul, and the part of 203 square meters in Seoul);

B. The 391 square meters prior to the Gyeonggi-do Yangju-gun was 1,293 square meters prior to the Guri-si following the conversion of the area and the change of the name of the administrative district.

C. The registration of ownership preservation in F on January 8, 1958 was completed with respect to the instant real estate, and the registration of ownership transfer in the name of the Defendant was completed on the ground of the donation made on August 16, 1990.

The permanent domicile of Jongno-gu Seoul has died on February 4, 1915 and succeeded to Australia and its property. H transferred the shares of 2/13 of the wife, 6/13 shares, 6/13 shares of the Plaintiff, 4/13 shares, 1/13 shares of the son, 1/13 shares of the son, 1/13 shares of the son, 1/2/13 shares of the son, 6/11 shares of the son, 1/13 shares of the son on December 14, 1981, and 6/11 shares of Plaintiff A, 4/11 shares of Plaintiff B, 11 shares of the son, and 1/11 shares of Nonparty J, respectively.

E. On April 5, 2013, Plaintiff B and J concluded a gift agreement with Plaintiff B, which, in turn, donated to Plaintiff B the entire inheritance share of the instant real estate, 11/117, which is the entire inheritance share of the instant real estate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. In the absence of counter-proofs, such as changes in the contents of the assessment by the adjudication, the person registered as the owner of the land in the judgment on the cause of the claim shall be presumed to have been determined as the owner of the land, and shall be presumed to have become final and conclusive. The presumption of preservation of ownership shall be broken if it is found that a person other than the title holder

Supreme Court Decision 2007Da79718 Decided December 24, 2008

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