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(영문) 대구지방법원포항지원 2015.03.31 2014가합654
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On October 28, 1984, the deceased on October 28, 1984, the deceased on the part of G, the Plaintiffs, the Defendant, and the deceased on the part of the deceased H, who were their spouse, jointly inherited the deceased’s property. The deceased on September 2010.

B. As the deceased on November 27, 1985, the transfer registration of the ownership in the name of the defendant was completed on October 28, 1984 for G, the plaintiffs, and the defendant's name was completed on the ground of inheritance as to the real estate listed in the attached list Nos. 2 and 3 of the attached list Nos. 2 and 42875 of Nov. 27, 1985 (the real estate listed in the annexed list No. 2 and 3 of Apr. 14, 2009), which was owned by the deceased F. G on the same day, among the land before the above division, G, the share of the plaintiffs was completed on the ground of the waiver of the share as of November 2, 1984, and as to the real estate listed in the attached list No. 1 of the annexed list No. 1 owned by the deceased F, Daegu District Court rendered the transfer registration under the name of the defendant on November 27, 1985.

C. On April 14, 2009, the real estate listed in the separate sheet No. 2 was transferred due to the acquisition of the land for public use at the port of port on April 14, 2009, the Defendant received KRW 12,350,000 in return, and the real estate listed in the separate sheet No. 3 was also transferred due to the acquisition of the land for public use at port of port on June 28, 201, and the Defendant received KRW 156,312,00 in return.

In addition, around 2010, the defendant sold 39,795,300 won in return for the sale of housing, warehouse, and tin trees located on the south-gu I and J's ground at port and in return for the sale of 11 kinds of goods outside of housing located on the south-gu I and J's ground around 201 and received 27,495,760 won in return for the sale.

[Ground of recognition] Facts without dispute, entries in Gap evidence 2, 3, and 4 (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiffs' assertion did not waive their inheritance shares on each real estate listed in the separate sheet.

Therefore, the real estate in the attached list No. 1 is completed in the name of the defendant.

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