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(영문) 대구지방법원경주지원 2017.05.23 2016가단13966
소유권이전등기
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From 1933 to 193, E, the Plaintiff’s attached, obtained the ownership of FJ 950 square meters (hereinafter “FF land before division”) from Nonparty G as payment in kind, but was owned without completing the registration of ownership transfer on the said land. However, the Plaintiff was donated the said land from E before 1978, but did not complete the registration of ownership transfer on the said land.

B. On March 178, 1978, the Plaintiff sold 164 square meters of the F land before the division to the deceased H, the Defendant’s subsidiaries, and on March 17, 1978, the F land before the division was divided into the FF land of approximately 118 square meters (hereinafter “F land after the division”), approximately 164 square meters (hereinafter “542 square meters of land before the annexation”), and I large 668 square meters, and the ownership transfer registration was completed in the name of the deceased H on March 17, 1978.

C. On April 10, 1978, the D land prior to the annexation was merged with D Dae-si 89 square meters that was purchased by the deceased H around that time, and it became the D-si 631 square meters in racing-si (hereinafter “D land after the annexation”).

Before July 1978, the network H newly constructed a government-unclaimed warehouse on the ground of D’s land (hereinafter “instant warehouse”). D.

Even after selling D’s land before annexation to the network H, the Plaintiff resided in a building on F’s land after subdivision and occupied F’s land after subdivision. After subdivision on September 30, 198, the Plaintiff completed the registration of ownership transfer in its name with respect to F’s land after subdivision, and even until now, he/she resides in the above land’s land.

E. After the network H died on May 28, 1984, the Defendants, part of their children, jointly owned the shares of Defendant B 11/16 on the land after the merger from around 2007, and 5/16 shares of Defendant C, through the donation between joint inheritance and co-inheritors.

[Reasons for Recognition] A. Each entry of Gap evidence of 1 to 8 (including branch numbers if there are branch numbers; hereinafter the same shall apply), each entry of Eul evidence of 1 to 8, and the AppraiserJ.

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