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(영문) 수원지방법원 2016.12.07 2015가단23068
소유권이전등기
Text

1. The Defendant (Appointed) and the designated parties shall pay to the Plaintiff the share of 60/1830 square meters out of C forest land 6050 square meters in Sungsung-si.

Reasons

1. Evidence 【Evidence】 1-1, 2 (Evidence D’s result of appraisal of the seal of appraiser D and the whole purport of the pleading), A2-1 through 3, A3-1 through 6, A4-1 through 7, and the purport of the whole pleadings;

A. E installed a substitute grave on C/C forest land of 6050 square meters (1,830 square meters, hereinafter “instant real estate”) in Sungsung-si, its ownership.

B. On February 12, 1967, E sold to F the remainder of 1,770 square meters (5,851 square meters) excluding 60 square meters (199 square meters) where a line grave is installed among the instant real estate.

On the other hand, F completed the registration of ownership transfer on June 29, 1967 for the entire real estate of this case, including the part where a grave was installed, G and Kaman H due to sale on May 1, 1967.

C. E died on March 11, 1995, and on April 13, 2015, the Plaintiff solely inherited 60 square meters (199 square meters) out of the instant real estate following an inheritance division consultation.

Some of the designated parties G 1/2 (268.75/6050 shares) transferred to the designated parties I (756.25/6050 shares), J (756.25/6050 shares), Defendant (Appointed; hereinafter “Defendant”); 756.25/6050 shares.

E. H’s death. On February 16, 2004, due to inheritance by agreement division, H’s transfer on June 29, 2004 to G (1/10 shares), L (1/10 shares), M (1/10 shares), N (1/10 shares), N (1/10 shares), andO (1/10 shares).

F. The Defendant and the designated parties share the instant real estate by shares in the attached Table.

2. The allegations by the parties and the judgment of this court

A. Inasmuch as the above fact was recognized as the filing of the claim for ownership transfer registration based on the restoration of real name, and the ownership transfer registration was completed in G and K, G and H, as well as F’s arche for the instant real estate, insofar as there was no evidence to deem that G and H purchased the instant real estate from E and F, it shall be deemed that there was a sales contract for the instant real estate between E and F. There was a grave for E in the instant real estate.

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