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(영문) 대구지방법원 2016.02.23 2015가단24628
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact of recognition [1] With respect to the area of 565 square meters in Daegu-gun D, E completed the registration of ownership transfer on January 29, 1948.

On August 25, 1972, with respect to the shares of 93/183 out of the shares of E above, F, the name of G with respect to the shares of 75/183 shares, and the registration of ownership transfer in H with respect to the shares of 15/183 shares was completed.

Since then, on August 30, 1991, with respect to the shares of H 15/183 in the name of H, the registration of share ownership transfer was completed on August 14, 1991 under the name of the Plaintiff.

On the other hand, on June 14, 1977, with respect to G's 75/183 share transfer registration was completed in the name of G, and on November 8, 1994, the share transfer registration was completed in the name of J due to the division inheritance.

With respect to F's name 93/183 shares, the registration of ownership transfer was completed in K's name on August 28, 1990.

[2] On March 28, 1998, Daegu-gun District Court Decision 355 square meters (hereinafter “instant land”) was divided from D major 565 square meters in Daegu-gun, Daegu-gun, Daegu-gun, 1998.

On December 29, 2011, with respect to K's share 93/183 among the land in this case, the registration of transfer of ownership was completed due to inheritance due to the consultation division in the name of the defendant.

On the other hand, the Plaintiff’s housing was constructed over a part of the Daegu-gun Lone 426 square meters adjacent to the instant land and a part of the instant land.

[3] The registration of transfer of ownership in the name of H was completed on August 25, 1972 with respect to the area of 426 square meters in Daegu-gun, Daegu-gun, and the registration of transfer of ownership was completed on July 11, 1991 in M.

On December 4, 1991, the registration of transfer of ownership in the name of the plaintiff was completed on the ground of donation on November 29, 1991 with respect to the share 43/426 of December 4, 199.

[Reasons for Recognition] Class A 1, 2, 3, and 5, respectively. 2. Determination

A. On December 15, 1991, the Plaintiff asserted that he purchased 25 square meters from the land of this case from K, the father of the Defendant.

Therefore, the defendant who inherited K is obligated to implement the registration procedure for transfer of ownership with respect to the share amounting to 42/183 square meters out of the land area of this case to the plaintiff.

B. The plaintiff's purchase.

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