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(영문) 대구지방법원 2014.09.25 2013나21060
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part of the primary claim against the defendant C shall be revoked, and the plaintiff corresponding to that part shall be revoked.

Reasons

1. Basic facts

A. With respect to the e-mail 221 square meters (hereinafter “E land”) owned by the F, the registration for transfer of ownership in the name of the Defendant C on July 15, 1993, which was based on the inheritance of the property on July 10, 1978, and the registration for transfer of ownership in the name of the Plaintiff on September 4, 2000, which was based on the sale on August 29, 200.

B. On July 10, 1978, the registration of ownership transfer was made under the Defendant C’s name on the ground of the inheritance of the property on July 15, 1993, with respect to the area of the G 6,343 square meters, which is adjacent to the land owned by the Party F, and on the same day, the said land was divided into ① 476 square meters, ② 565 square meters, ③ 506 square meters prior to I, ③ 506 square meters, ④ 1,312 square meters prior to K, ⑤ 3,484 square meters prior to L.

(hereinafter referred to as the above sub-divided land shall be indicated with 1 through 5 land in accordance with the sequence above).

① As to the land, the registration of ownership transfer was made in the name of the Plaintiff on September 4, 2000 on the ground of sale and purchase on August 29, 2000. ⑤ The land was divided into the land of this case into the land of this case and 2,206 square meters on March 12, 2002, and the land of this case on April 12, 2002.

The F died on July 10, 1978, and at the time, the heir was M, children N,O, P, Q, R, T, and Defendant C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 7 through 11, Eul evidence Nos. 1 through 3, 5 through 14 (including each number, if any) and the purport of the whole pleadings

2. Judgment as to the main claim

A. On October 26, 197, Defendant B purchased E land and its above 1, 4, and 5 from F, and on December 30, 1991, Defendant B purchased the land of the above NA parcel including the instant land from Defendant B.

Therefore, as to the land of this case, Defendant C, who succeeded to the land of this case from F, is obligated to implement each procedure for the transfer of ownership on October 26, 197 to Defendant B, and Defendant B, on December 30, 1991, to the Plaintiff.

B. The Plaintiff’s judgment as to the claim against the Defendant B was made on 191.

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