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(영문) 부산고등법원(창원) 2016.12.01 2016나22168
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a clan that jointly sets up LAS 34 years old descendants.

B. Each real estate listed in the separate sheet and each real estate listed in the separate sheet of Changwon-si, G 384 square meters and H 696 square meters (hereinafter collectively collectively referred to as “the instant real estate”), are real estate divided into the Changwon-gun Nuri (the name of the administrative district was changed to Nuri-si, Changwon-si Nuri-si, and the name of the administrative district was changed to Nriri-ri) 5 O forest 2 single 2 square meters.

C. On May 8, 1939, the registration of transfer of ownership was completed on the instant real estate under the name of P on May 8, 1939, the registration of transfer of ownership was completed on the ground of sale under Q and R on December 31, 1970, the registration of transfer of ownership was completed on the ground of sale under the name of Q and R on May 8, 1981, and the registration of transfer of ownership was completed on November 8, 1993 under the name of the defendant who is the above I on the ground of inheritance.

Since then, with respect to G-type 384§³ of Changwon-si, the registration of ownership transfer based on sale under the name of K on November 19, 1993, and with respect to H- field 696§³, the registration of ownership transfer based on sale under the name of J on May 20, 1998, respectively, was completed on May 20, 1998. As to the real estate stated in paragraph (3) of the attached list, the registration of establishment of a mortgage was completed on February 22, 201, with respect to the real estate indicated in paragraph (3) of the attached list, the registration of establishment of a mortgage of KRW 210,000,000,000,0000,000 won was completed on June 18, 2014, respectively.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's statements, 1 through 4, 8, 10, 11, 14, 21, 22, Eul's statements, 1, 2 and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion is that the instant real estate was originally acquired by S, the grandchildren of the Plaintiff’s co-helping M, acquired from P, and provided as the Plaintiff’s property so that S may use the instant real estate in advance, etc. as a result of S’s death.

The plaintiff filed the instant real estate in Q and R name on May 1, 1981.

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