(영문) 대구지방법원 2017.01.19 2016나3490 | 리걸엔진

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Reasons

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(영문) 대구지방법원 2017.01.19 2016나3490

일부 소유권이전등기말소 등

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1. The plaintiff's appeal is dismissed.

2. The conjunctive claim added at the trial is dismissed.

3. The time when the action has been brought.

Reasons

1. Basic facts

A. Section 1 of the Attached List No. 1) D is the land listed in Section 1 of the Attached List No. 1 on August 10, 1911 (hereinafter “instant land”).

(2) Defendant B’s father Nonparty E and Defendant C completed the registration of ownership transfer pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate under D’s name with respect to the land of this case on June 30, 1984 on the ground that they received the donation of the said land from the said D, and completed the registration of ownership transfer pursuant to the said Act with respect to each of the shares of this case on March 5, 1972 due to the donation made by March 5, 1972.

3) On December 27, 2013, Defendant C completed the registration of transfer of all equity shares of the Plaintiff on the land of this case on December 21, 2013. (4) The above E died on April 3, 2004, and Defendant B completed the registration of transfer of all equity shares on the land of this case on July 2, 2014 due to inheritance by consultation and division as of April 3, 2004.

B. The land listed in paragraph 2 of the attached Table 1) the land listed in Paragraph 2 of the attached Table 2 (hereinafter “instant land”).

(2) As to the land of this case on February 18, 1955, Defendant B’s father E and Defendant C’s father G completed the registration of ownership transfer as to each 1/2 share due to the sale on January 10, 1946.

3) Defendant C completed the registration of transfer of the entire shares of the said G on April 9, 201 due to the inheritance by an agreement division as of October 31, 1983, and on July 2, 2014 due to the inheritance by agreement division as of April 3, 2004, Defendant C completed the registration of transfer of the entire shares of the said E on July 2, 2014. [Grounds for Recognition] There is no dispute, Party A’s statement (including the serial number, hereinafter the same shall apply) in the respective statements (including the serial number) in subparagraphs 1 through 4, and 11.

- The purport of the whole pleadings

2. Determination as to the claim for cancellation of ownership transfer registration as to the land No. 1 of this case and the claim for confirmation of ownership ownership of pine trees

A. The plaintiff.

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