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(영문) 대구지방법원 안동지원 2018.11.07 2017가단22711
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff is the birth of the deceased C (hereinafter referred to as the "the deceased"), and the defendant is the deceased's spouse, who is the deceased's spouse.

On August 21, 1978, the Plaintiff purchased DJ 424.9 square meters (hereinafter “the Plaintiff’s land”) at permanent residence on August 21, 1978, and completed the registration of ownership transfer concerning the Plaintiff’s land on the same day.

On August 21, 1978, the Deceased purchased E. E. 118.7 square meters, F. 92.2 square meters, G. G. 54.5 square meters (hereinafter referred to as “the Deceased’s land”) in a permanent residence adjacent to the Plaintiff’s land. On the same day, the Deceased purchased each of the above land, and completed the registration of ownership transfer as to the deceased’s land.

On November 3, 1993, the Deceased newly constructed the real estate listed in the attached list (hereinafter “the instant building”) on the ground of the Plaintiff’s land and the instant deceased’s land (hereinafter referred to as “the instant building site”), subject to construction permission under the name of the birthee H, on the ground of the instant building site.

As to the building of this case, registration of ownership preservation was completed on August 13, 2002, and on August 13, 2002, registration of ownership transfer was completed on July 22, 2002 on the deceased.

The Deceased died on April 4, 2007, and the Defendant completed the registration of ownership transfer on September 16, 2009 on the deceased’s land and the building of this case on April 4, 2007 due to the consultation and division.

Meanwhile, on March 21, 2013, the Plaintiff filed a lawsuit against the Defendant for the payment of KRW 60 million (i.e., the sum of KRW 30 million (i., KRW 230 million) of the settlement money of the business operation of the Deceased on behalf of the Deceased, and KRW 30 million (i.e., KRW 30 million) of the settlement money of the business operation of the Deceased on behalf of the Deceased, but was sentenced to the dismissal ruling on February 12, 2014; however, the Plaintiff appealed with the Daegu District Court Decision 2014Na4338, Jul. 24, 2014; however, the said appeal was dismissed and the said judgment became final and conclusive on September 26, 2014.

【Ground of recognition” has no dispute, Gap's 1 to 11, and Eul's 1 to 4.

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