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(영문) 대구지방법원포항지원 2017.07.20 2016가합11108
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The I died on September 1, 2014, and the I’s spouseJ died on February 22, 2007.

I had the Plaintiffs, K, and Defendant D as their children between J and J.

B. While I owned L 3,127 square meters in North-gu L 3, North-gu, Daegu District Court on May 30, 2005, as Defendant D’s receipt No. 50073 on May 30, 2005, the registration of ownership transfer was completed on the ground of donation on the same day with respect to the share of 1820 square meters in the above land under Defendant D’s name.

C. The land in the north-gu L at the above port was replaced by each land in this case due to a land readjustment project, and the land substitution registration was completed on January 27, 2006.

Of the land in this case, the registration of ownership transfer was completed on April 4, 2012 with respect to 1820/3127 shares in Defendant D’s name. Of the land in this case, the registration of ownership transfer was completed on the ground of partition of co-owned property in the name of Defendant D, and the registration of ownership transfer was completed on April 9, 2012 with respect to the whole land in this case under Defendant E’s name as the receipt of No. 29169 on April 9, 2012.

E. Of the instant land 2, the ownership transfer registration was completed due to the partition of co-owned property on April 3, 2012 under Defendant D’s name, as the Daegu District Court Branch of Mag-gu District Court on April 4, 2012 received on April 4, 2012, with respect to the remaining 1307/3127 shares in the name of I.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion 1) Each registration of ownership transfer made in the name of the defendants with respect to each of the lands of this case (hereinafter "each of the lands of this case").

(2) All of the instant legal acts were completed on May 30, 2005, which is the cause for the registration of each ownership transfer of the instant case, and the partition of co-owned property as of April 3, 2012 (hereinafter “each of the instant legal acts”), around May 2005, around April 2012, I was in the state of office capacity of Defendant D, and I was in the state of office capacity of each of the instant legal acts.

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