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(영문) 대구지방법원포항지원 2014.06.12 2013가단6580
소유권이전등기
Text

1. As to the Nam-gu J-gu 1,445 square meters:

A. Defendant G: (a) with respect to the 3/15 share to Defendant D, Defendant E, F, and H.

Reasons

1. Basic facts

A. K, a protocol of the Defendants, purchased on July 19, 1937 with respect to the land of 1,445 square meters in Nam-gu J-gu, Nam-gu (hereinafter “instant land”). The same year shall be applicable after purchasing on July 19, 1937

8.7. He shall complete the registration of ownership transfer in his name.

B. On June 15, 1951, K died and succeeded to the instant land by a long-Namnam L alone. On November 13, 2004, Defendant D, the wife of L, died on November 13, 2004, succeeded to 3/15 shares of the instant land, and 2/15 shares of Defendant E, F, G, H, I, and M, the children of L, respectively.

C. On October 7, 2008, the plaintiff clan filed a lawsuit for the registration of ownership transfer with the Daegu District Court Branch Branch of 2008Gadan19186, and among the lawsuit, the plaintiff clan argued for the change of the common lines of the clan from "C" to "N", and the above court on July 21, 2009, the claim for the change of the scope of the common ancestor and its members cannot be allowed as a change of the parties, and the clan whose original claim was made is the "C" was not lost, and the decision was finalized on May 2, 2013.

The Defendants and M completed the registration of ownership transfer on June 15, 1951 with respect to their respective shares in the instant land on May 31, 2013.

Since then, on June 4, 2013, Defendant D, E, F, H, and I donated their respective shares in the instant land to Defendant G (hereinafter “instant donation agreement”), and Defendant G completed the registration of ownership transfer in its name with respect to the shares in Defendant D, E, F, H, and I on June 4, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 6 to 8, purport of whole pleadings

2. The defendants, who judged the defense before the merit of the case, did not have a substance of the plaintiff clan, and the claim of this case by the plaintiff clan is unlawful and set up a defense before the merit of the case.

A clan is a natural-generating group of the clans comprised of adult male members among the descendants of a common ancestor, which is simultaneously with the death of the ancestor.

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