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(영문) 의정부지방법원 2016.09.30 2015가단108666
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are the successors of the deceased I (Death on March 3, 2015). The Defendants are the successors of the deceased J, and the Plaintiffs’ inheritance shares are as shown in Appendix 2 List B.

B. On August 8, 1970 with respect to the real estate No. 1, and on the real estate No. 2, on March 13, 1971, the registration of preservation of ownership of shares was completed in the name of K, L, M, and J, respectively.

C. On May 30, 201, the deceased I completed the transfer registration on May 27, 201 with respect to the share of 1/24 out of LA (1/4) in respect of each of the instant real property. D.

In addition, the network I filed a lawsuit against N, which is the heir of the network K, with the Seoul Northern District Court 2014Kadan107892, and won the judgment. Accordingly, on February 2, 2015, the network I completed the registration of transfer of shares on August 9, 2012 with respect to the share of 13/104 out of the aggregate of the shares of the above N, etc. 1/4.

E. The Plaintiffs, the deceased I’s successors, filed a lawsuit against the deceased’s heir, etc. on the claim for ownership transfer registration on the ground of the completion of the prescription period for acquisition of ownership (this Court Decision 2015Da114067) against the deceased’s share in the inheritance of the deceased’s share in each of the instant real estate, but the judgment of the court of first instance was rendered against the deceased’s heir, and is still pending in the appellate court.

F. On the other hand, on March 11, 2015, the Defendants completed the registration of share transfer on 1/4 of each of the instant real estate under the J’s name on February 9, 1991, respectively due to inheritance by consultation and division.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2 (including each number), and 7, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion 1) He purchased each of the instant real estate in around 1930 by the net P, the main cause of the plaintiff's primary claim, around 1930. The deceased succeeded to each of the instant real estate by the deceased, and the deceased M (or Q, the plaintiff of Q, the plaintiff of which, using the special measures on the transfer of forest land ownership in 1970 and the transfer of forest land ownership in 1971.

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