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1. As to Defendant B’s shares of 384/2,295 shares in the area of 506 square meters in the area of 506 square meters before Gyeong-dong, Chungcheongnam-gun, Chungcheongnam-do, and the remaining Defendants are each 256.
Reasons
1. Facts of recognition;
A. On January 10, 1965, the network K acquired the ownership of 506 square meters prior to the JJ in Chungcheongnam-dong, Chungcheongnam-do (hereinafter “instant land”).
B. In around 1971, the deceased L purchased the ownership of the land adjacent to the instant land from the Dong K, Gyeong-dong, Hanam-dong, and acquired that ownership.
C. Under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate on January 15, 1981 (amended by Act No. 3094 of Dec. 31, 197), theO completed the registration of share transfer with respect to shares of 25/153 out of the instant land, and the network L completed the registration of share transfer with respect to the above shares of theO on March 23, 1981 on March 16, 1981.
The plaintiff is the deceased L's children.
The deceased L has died on September 3, 1992, and the deceased L had agreed that the plaintiff shall solely inherit the land of this case.
E. Defendant B is the wife of the network K, and the rest of the Defendants are the children of the network K and Defendant B.
The Network K died on January 22, 1999.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 4, 14, 15 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion L purchased the instant land from G to set up a farming shed in the middle half of 1970, and around that time, the Plaintiff’s assertion L had experienced farming houses from the instant land.
During that period, O knew of the error in the lot number of the land purchased from P, and filed a share transfer registration with respect to the share of 25/153 of the land in this case, and as the network L, which became aware of this, O transferred its share to the deceased L.
Since September 3, 1992, the deceased's inheritors agreed to inherit the land of this case alone as the deceased died on September 3, 1992.
The Plaintiff, who was residing in Busan, could not manage the instant land, was allowed to cultivate the instant land to Q, who is the Plaintiff’s mother, and had Q, cultivate the instant land to R, who is a buyer after the death of Q.
As such, the Plaintiff is deceased.