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(영문) 울산지방법원 2020.08.21 2018가단72729
지분이전등기 등 청구
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. 1) Ulsan Dong-gu Sdong (hereinafter “Sdong”) is only the case.

3) As to the land before subdivision, T-road 408 square meters (hereinafter “land before subdivision”).

A) On March 20, 2013, Tro-road 226 square meters (hereinafter “instant land”).

(2) On February 27, 2017, V road was divided into 119 square meters and 63 square meters, and V road’s 63 square meters are 48 square meters on February 27, 2017 (hereinafter “instant 2 land”).

2) At the time of subdivision on August 26, 1976, co-owners of the land prior to subdivision were co-owners of X (1/5 shares),Y (2/5 shares), Z (1/5 shares), AA (1/10 shares), and AB (1/10 shares). On the same day, AA and AB were registered as co-owners on the same day as co-owners.

3) On April 16, 1990, AA completed the registration of ownership transfer due to inheritance with respect to AC, DefendantO, P, Q, and R’s shares of the land before division (the 3/28 shares in the future, AC, Defendant P, Q, and R respective 28 shares in the future), which are the wife’s and its children, on April 16, 199. Thereafter, AC died on December 10, 2012 and completed the registration of ownership transfer with respect to AC shares of the land before division due to inheritance. AB died on April 7, 1993; Act No. 4568, Dec. 4, 1993>

B.1) On May 9, 1994, AD, AE, Y, Z was decided to temporarily dispose of the land before subdivision as the Busan District Court's 94Kadan2405 on May 9, 1994. Accordingly, the provisional disposition registration was completed on the land. The provisional disposition registration was also transcribed on each divided land (hereinafter "the provisional disposition of this case").

(2) On December 10, 2013, and on April 24, 2018, 15 square meters for U road 119 square meters was expropriated in the Dong-gu, Ulsan Metropolitan City. The registration of provisional disposition on each of the above lands was cancelled for each of the reasons of expropriation.

3. The decision of revocation of provisional disposition No. 2017Kadan3449 dated July 6, 2018 was rendered on the instant 1st.

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