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(영문) 대구지방법원 안동지원 2018.10.24 2018가단855
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

Plaintiff

A is the spouse of the network K, and the other plaintiffs are the children of the network K.

On the other hand, the defendant is a deceased L's child.

On March 13, 1934, the deceased L has completed registration of preservation of ownership with respect to JJ 340 square meters (hereinafter “instant land”).

On June 12, 1925, with the consent of the deceased L, the deceased K newly built the instant building with the plaintiff et al. and resided in the instant building as well as the plaintiff et al. from around that time until November 16, 1995, and thereafter after the death of the deceased K, the plaintiff et al. resides in the instant building with the plaintiff et al. for the purpose of constructing a new soil wall / cement machine, 30.03 square meters in housing, 30.03 square meters in 1st floor, soil wall / cement, and 14.85 square meters in 1st floor, and soil wall / consulting 13.4 square meters in 13.4 square meters in 195.

On the other hand, the building of this case is currently unregistered.

On December 3, 2012, the Defendant completed the registration of ownership transfer in the future of the Defendant on the ground of inheritance by consultation and division on March 9, 1993.

【In light of the fact that there has been no dispute, Gap evidence Nos. 1 through 18, Eul evidence No. 1 (including each number in the case where there is a serial number), the witness M’s testimony, the purport of the whole pleadings, the plaintiff’s assertion, around January 1, 1950, the deceased K shall pay the deceased L a 3rd (1stman 80km per 1stman) for the proceeds of sale and purchase of the land of this case from the deceased L. As such, the deceased L’s heir is liable to implement the registration procedure for transfer of ownership for each share in the separate sheet of the land of this case to the plaintiffs, the heir of the deceased K, the heir of the deceased L, on January 1, 1950.

Preliminaryly, as from January 1, 1950, the deceased K and the plaintiffs purchased the instant land, they occupy the instant land in a peaceful and openly held manner for a period of not less than 20 years from January 1, 1950 to the date, acquisition by prescription has been completed.

Therefore, the defendant shall pay to the plaintiffs each share in the calculation sheet of inheritance among the land of this case.

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