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(영문) 춘천지방법원강릉지원 2020.08.25 2020가단31131
소유권이전등기
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. Each land listed in the separate sheet No. 1 (hereinafter “attached Form 1”) and each land listed in the separate sheet No. 2 (hereinafter “each land”, and each land listed in the separate sheet No. 1 and each land listed in the separate sheet No. 2 (hereinafter “each land of this case”) are the land under the circumstances of E at the time of the Japanese occupation occupation. After the situation was, the change of the name of the administrative district (Gung-gun, Yung-gun, Yung-gun), and the conversion into the size of the area (e.g., flat 1,323 square meters) was made. However, in the case of “Yung-gun I, Yung-gun,” each land listed in the separate sheet No. 1 and 2

E Around July 14, 1941, the F, his South-North, succeeded to the death.

B. Meanwhile, on May 19, 1981, G and H of the Defendant clan completed registration of preservation of ownership (hereinafter “registration of preservation of this case”) under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 197; hereinafter “Special Measures Act”) with respect to one-half shares of each of the lands of this case.

(A) A letter of guarantee or confirmation, which serves as the basis for the preservation registration of this case, is not preserved at present, and its specific contents cannot be confirmed.

After that, on March 26, 2009, G and H completed the registration of ownership transfer on the grounds of the sale on March 23, 2009 (hereinafter “the registration of transfer of this case”) in the name of Defendant clan, and on each land attached to attached Form 2 in the name of Defendant D, respectively.

On the other hand, the plaintiffs are children of F (Death around 1945) and their final co-inheritors.

(The shares in inheritance shall be one half). [The grounds for recognition] The fact that there is no dispute, each entry of Gap evidence Nos. 1 through 4 (including each number, hereinafter the same shall apply), the purport of the whole pleadings.

2. Summary of the parties’ assertion

A. The plaintiffs are co-owners jointly inherited each of the lands of this case. G and H do not have the purchase or transfer of each of the above lands from E, however, on the basis of false letter of guarantee and confirmation.

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