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(영문) 창원지방법원마산지원 2020.11.24 2019가단105828
소유권이전등기
Text

1. As to the Plaintiff, Defendant (Appointed Party) B’s share of 2/4 of the 369 square meters in Changwon-si D.

Reasons

1. Basic facts

A. The Party-Related Network G was established with the wife, Defendant B, the South-Namer Network I, and the South-Namer Network J, and divorced on April 16, 1980.

The network G had three-year net L with the new wife K.

The network K died on June 8, 2008.

On February 15, 1963, 1963, the South-Namnam net I died without spouse and lineal descendant.

The South-Nam net J had women E and girls’ F (N prior to the opening of the name) between the wife M and M, and divorced from M on May 3, 1996.

The Network J died on May 31, 2002.

The net L died on March 11, 201 without spouse and lineal descendant.

On August 8, 2017, Busan Family Court Decision 2016 Ma4044 decided on August 25, 2017, the deceased G was dead on April 30, 2016.

The plaintiff is the son of the net G or the networkO, and P is the son Q of the net G.

B. The sale network G of the instant land acquired ownership after completing the registration of ownership transfer on the instant land as indicated in the order on July 11, 1973.

The net G 3 South net L asked to sell the instant land to the Private Village P, and it decided to sell the instant land to the High Village P with the main line of P.

On September 9, 2008, the deceased L sold the instant land to the Plaintiff on behalf of the deceased G in the amount of KRW 85 million, and on that day, the Plaintiff received all the proceeds from the Plaintiff and delivered them to the Plaintiff.

The plaintiff cultivated the land of this case as farmland after that day.

On the other hand, the deceased L did not have the authority to act for the deceased G at the time of sale on September 9, 2008, and did not prepare necessary documents and thus failed to complete the registration of ownership transfer concerning the land of this case to the plaintiff. On September 10, 2008, the registration of ownership transfer was completed on September 10, 2008 on the land of this case on the ground of the mortgage contract concluded by the plaintiff as of September 9, 2008.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 11, Eul evidence 1 and 2.

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