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(영문) 창원지방법원마산지원 2016.07.20 2014가단13917
토지인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 5, 1917, Nonparty J received the assessment of the respective forests and fields listed in the separate sheet (hereinafter “each of the instant forests”) and the 2 information on K of the Masan-si, Changwon-si, Masan-si, and completed registration of preservation of ownership in its name.

B. Nonparty L, following Nonparty M, completed the registration of ownership transfer on August 28, 1936 with respect to each forest of this case on the grounds of sale on August 25, 1936.

C. L was killed on July 27, 1968 and died on July 27, 1968, and the Plaintiff (A, 6/13 equity, Australia inheritor) and Nonparty O, P (the shares of 2/13 equity, and unmarried grandchildren) and Q, Q, R, S (each of the shares of 1/13 equity, and separated grandchildren) completed the registration of ownership transfer on July 19, 197 with respect to each of the instant woodland on July 27, 1968 due to inheritance. On the same day, the Plaintiff completed the registration of ownership transfer on July 19, 197 with respect to each of the instant woodland on July 27, 1968 by reason of trade on January 19, 197.

After that, with respect to each forest of this case, Nonparty T completed the registration of transfer of ownership on May 31, 197; Nonparty U on September 24, 197; and T on October 26, 1978; and the Plaintiff again completed the registration of transfer of ownership in sequence on July 13, 1990.

E. On November 23, 1974, Nonparty V, a child and N’s partner, sold each of the instant forests to Nonparty V for KRW 27,000, prepared and delivered a seller’s certificate of sale (Evidence B (Evidence B) to Defendant F, and received KRW 27,000 on the same day.

F. on August 27, 2001, W died of the Defendant B, who is the wife X and children, and Nonparty B, Y, Z and AA, who were the bereaved family members.

G. Each of the instant forests and fields has a 19-year grave as stated in the purport of the claim.

[Based on Recognition] Unsatisfy Facts, Gap evidence 1 through 3 (including paper numbers), Eul evidence 1 through 12 (including paper numbers), the Korean Land Information Corporation in this Court, the results of each appraisal commission to AB, and the purport of the whole pleadings

2. As to the cause of the claim

A. Defendant B’s statement 1 (W), 10 (AC), 13, and 13.

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