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(영문) 대구지방법원 2020.10.21 2020나733
소유권이전등기 청구의소
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

Basic Facts

The names of the father and father of the plaintiff and the defendant related to the plaintiff are E.

(H students 3 South Korea, death in 197) is the birth of deceased D (IFE, Death in 194) who is the father of the defendant.

In the end, the plaintiff(J students) and the defendant(K students) are in conflict with the private villages.

On March 3, 1943, the Defendant’s father’s father’s acquisition and division of the instant land, etc. D died in around 1944, as indicated in the foregoing paragraph, when the registration of ownership transfer was completed on the grounds of sale on January 10, 194, with respect to the 853 square meters (hereinafter “land before subdivision”).

According to each old land cadastre (No. 2-1 through 4), the land before subdivision was divided into 26 on August 10, 1958, which was after the Defendant’s father died, and G former 827 on the remaining land (hereinafter “instant G”), and the land category of the instant land was also changed into a cemetery.

However, there was no such divisional registration in the register.

The registration of subdivision was completed on August 7, 1980 with the land of this case, which was the cemetery, and the remaining G land of this case.

The Plaintiff’s father F, including the Plaintiff’s father F’s transfer of ownership to the G land of this case, completed the registration of ownership transfer in his name in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094 of Dec. 31, 1977) on October 17, 197, following the registration of division as to the G land of this case, on August 21, 1980, after the registration of division as referred to in the above B-B-2. The Plaintiff’s father F, etc. died in around 197.

As a result of the above registration, the land G in this case was divided into the Plaintiff’s father F, and the land in this case was divided into the Plaintiff’s father D under the Defendant’s father.

On December 30, 199, the deceased F’s successors, including the Plaintiff, drafted a written agreement on the division of inherited property with the purport that the Plaintiff independently succeeds to inherited property of the G land, etc.

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