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(영문) 대구지방법원 2018.04.26 2016가단112164
소유권이전등기
Text

1. As to the real estate indicated in the separate sheet to the Plaintiff, the Defendant

2. B, the defendant;

3. C and the defendant

4. D, Defendant

5. E, the Defendant.

6.F.

Reasons

Plaintiff

2. B, the defendant;

3. C and the defendant

4. D, Defendant

5. E, the Defendant.

6. F, Defendant

7. H. The Defendant

8. I, the defendant

9. As to the claim against J, Defendant 10. L, Defendant 11. M, Defendant 12. N, Defendant 14. P, and Defendant Q 15. The Plaintiff asserted this part of the claim as the grounds for the claim indicated in the change of the grounds for the claim, purport of the claim, and the grounds for the claim. The above Defendants did not appear on the date for pleading and did not submit a reply, and thus, deemed to have been led to confession pursuant to the main text of Article 150(3) and Article 150(1) of the Civil Procedure Act. Accordingly, the Plaintiff’s claim against the above Defendants is justified, and thus, they are accepted. [Defendant]

1. As to claims against A, Defendant 13.O, Defendant 16. R

1. Since the judgment against the above Defendants was conducted by public notice, Article 150(1) of the Civil Procedure Act concerning deemed confession cannot be applied, and it is judged in accordance with the evidence.

2. The plaintiff asserts the grounds for the claim as stated in the annexed complaint's grounds and purport of the claim and the grounds for the modification of the claim.

3.(a)

The Plaintiff filed the instant claim on the premise that each real estate indicated in the separate sheet, which was unregistered, was owned by S alone, and that the Defendants, the inheritor due to the death of S, succeeded to the sole ownership.

B. However, each real estate listed in the separate sheet is not the real estate owned by the S alone, but the co-owned real estate jointly assessed by T, U, V, W, and S five persons.

S is only one of the five co-owners.

This can be seen in full view of the following circumstances confirmed through the submitted evidence.

(1) As to the 4th 6th 6th mal of Yongcheon-si X-si 8th 6th mal of the division, the old Forestry Register (Evidence 2-3) was under circumstances with the address in the YY in March 26, 1918, and on May 27, 1925 (Seoul 14 years), T and 4 other than T, namely, U, V, W, and S5.

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