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(영문) 의정부지방법원 2015.01.20 2013가단162901
소유권이전등기
Text

1. The Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 5, 6, 7, 8, 9, and 5 among the area of 562 square meters prior to Mapocheon-si M. on the Defendant (Counterclaim Plaintiff) B.

Reasons

1. Basic facts

A. Since the registration of ownership preservation was completed on February 17, 1959 in the name of Defendant B, the land remaining in the name of Defendant B until now.

B. The Plaintiff occupies the aforementioned part by installing a plastic house on the part (B) of 84 square meters in the ship, which connects each point of 5, 6, 7, 8, 9, and 5 of the attached drawing among the land in this case, in sequence.

C. Meanwhile, as N on July 16, 1983, N’s tea on July 30, 1997, N’s three South-North P, N’s spouse on September 1, 2012, and Q, N’s spouse, died on May 23, 2013, Defendant C, D, E, E, F, G, H, I, J, K, K, and L (hereinafter “N Defendants”) inherited the above deceased’s property.

【In the absence of dispute, the ground for recognition, Gap evidence 1, Gap evidence 6 through 8, Gap evidence 11, Gap evidence and video (including each number), the result of the measurement and appraisal commission to the branch offices of the Gyeonggi-do Headquarters of the Korea Cadastral Corporation, the purport of the whole pleadings

2. Determination on the main claim

A. The gist of the Plaintiff’s assertion 1 - The claim for ownership transfer registration based on sale was purchased from Defendant B around the beginning of the early 1970s. Then, the Plaintiff purchased the instant land from Defendant B around February 1976, but did not know of the method of registration of ownership transfer on the wind death of N thereafter.

As to the land in this case against Defendant B, the Defendants, N’s inheritor, subrogatedly exercise the right to claim the transfer registration of ownership against Defendant B, and Defendant B demanded that the remaining Defendants implement the transfer registration procedure for ownership transfer based on the annual, monthly, and non-commercial transaction with respect to the shares in the attached inheritance shares. The remaining Defendants against the remaining Defendants are entitled to each of the above inheritance shares against the Plaintiff.

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