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(영문) 대구지방법원 포항지원 2018.11.27 2018가단1542
소유권이전등기청구의 소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. From March 25, 1996 among the 16/27 square meters of the North-gu C cemetery 1643 square meters (hereinafter “instant land”), the registration of ownership transfer was made on March 25, 1996 on the following: (a) 6/27 shares in the north-gu C cemetery 1643 square meters (hereinafter “instant land”); (b) 1/27 shares in the Selection E; (c) 1/27 shares in the Selection E; (d) 6/27 shares in the name of the Defendant; (c) 4/27 shares in the Selection G; (d) 4/27 shares in the Selection G; and (e) 1/27 shares in the Selection H on the same day on March 25, 1996; and (d) the registration of ownership transfer was made on September 1, 1916 on the remainder of shares of the Defendant, excluding the Defendant’s shares.

J has been opened to L, died on December 8, 2016, and his heir has denied (Appointed Party) and M/N as his/her heir.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, 7, Eul evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment of the plaintiff (appointed party) arbitrarily completed the registration of transfer of ownership in this case. Thus, the defendant asserts that among them, the plaintiff (Appointed party) and the appointed party are obligated to perform the registration procedures for cancellation of the shares. However, each evidence submitted by the plaintiff (Appointed party) alone is insufficient to recognize that the defendant voluntarily completed the registration of transfer of ownership in this case, and there is no other evidence to acknowledge otherwise.

3. The plaintiff (Appointed)'s claim of this case is dismissed as it is without merit.

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