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(영문) 대구지방법원 2019.05.29 2018나310338
소유권이전등기
Text

1. Of the judgment of the first instance, the part against the Plaintiff regarding Defendant F and G, which falls under the following order to implement:

Reasons

1. Basic facts

A. The Plaintiff and the Defendants’ inheritance relationship 1) H set up her wife and children I, the Plaintiff in South Korea, the Plaintiff in North Korea, Defendant F, and G, who were married, died on January 29, 1984. The wife died on March 14, 1986. 2) The wife’s inheritance shares due to the death of H are 6/18 shares, i, wife L and Australia’s heir, 6/18 shares, 4/18 shares, 4/18 shares, 1/18 shares, 1/18 shares, i.e., Defendant F, the Plaintiff in South Korea, and 1/18 shares, respectively.

Inheritance shares due to L's death are 4/10 shares, 4/10 shares, 1/10 shares, 1/10 shares, 1/10 shares, respectively, of Defendant F and G.

3) On November 7, 2010, I died, and jointly succeeded to Defendant C, D, and E, the wife, Defendant B, and their children. B. H’s land acquisition of H around 1955, in order to install a grave for his parents, siblings, and their descendants, the 49,38 square meters (hereinafter “instant M forest”).

2) As to the instant N forest, 10,512m2 (hereinafter “instant N forest”)

(C) Each of the instant M forest and the instant N forest, the registration of ownership transfer of which was completed in the H’s future, was completed on September 20, 1984 by the Plaintiff under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, Jan. 5, 1974; hereinafter “former Special Measures Act”).

2) He, the head of H, filed a lawsuit against the Plaintiff seeking the implementation, etc. of the procedure for cancelling the registration, etc. of this case. The above lawsuit was rendered on January 14, 2009 in the Daegu District Court Decision 2004Kadan2941, the Daegu District Court Decision 2005Na1520, the Daegu District Court Decision 2007Da7898, the Supreme Court Decision 2008Na1374, the Daegu District Court Decision 2008Na13744, which was reversed and remanded. The above judgment became final and conclusive around that time (hereinafter “final judgment of the previous lawsuit”).

(1) The registration of this case in the name of the plaintiff is made.

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