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(영문) 서울남부지방법원 2015.07.10 2014나54620
소유권이전등기
Text

1. The plaintiff's main claim and the conjunctive claim that are changed in exchange at the trial are all dismissed.

2...

Reasons

1. Basic facts

A. Each registration of ownership transfer was completed on February 2, 1978 in the name of the Plaintiff, H, and G on February 4, 1978 with respect to one-third share of the first 312 square meters (per unit conversion 1,031 square meters; hereinafter “instant land before the instant subdivision”) in Yeongdeungpo-gu Seoul Metropolitan Government.

On September 30, 1980, the land before the instant subdivision was divided into the land No. 1 and the land No. 2 (hereinafter collectively referred to as the “each of the instant land”). The registered matters concerning the land before the instant subdivision were transferred to the registry of each of the instant land.

B. On August 11, 198, with respect to the one-third share in the Plaintiff’s name among the land No. 1 in this case, the entire share transfer registration was completed on August 8, 1988 under the Plaintiff’s name, and with respect to the one-third share in H’s name, the entire share transfer registration was completed on March 9, 1983 under the name of K for sale and purchase on March 5, 1983, and the entire share transfer registration was completed on November 20, 1997 under L’s name on December 29, 197; and on August 13, 2009, the entire share transfer registration was completed on August 13, 2009 by agreement division.

As a result, at present, A, M and G are registered as owners of 1/3 shares in the land of this case.

C. On March 9, 1983, with respect to the 1/3 share in the name of H among the land No. 2 in the instant case, the entire share transfer registration was completed on March 5, 1983 under the name of K for sale and purchase, and on December 29, 197, under L for sale and purchase on November 20, 1997.

As a result, with respect to the land No. 2 of this case, the plaintiff, L, and G are registered as the ownership of 1/3 shares.

G died on April 2, 2013, the day before the instant lawsuit was filed, and inherited inherited property by the Defendant, Appointor E, and F, respectively, and by the 3/9 of the Appointor D in proportion to 3/9.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1-1, 2, 2, 3, and 13-2, the purport of the whole pleadings

2. The argument and judgment.

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