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(영문) 대구지방법원 김천지원 2018.05.31 2017가단32370
소유권이전등기
Text

1. The plaintiff's primary claim against the defendants is dismissed.

2. The Defendants are not in charge of the Plaintiff’s forest 52,079 square meters in Gumi-si.

Reasons

1. Judgment on the main claim

A. The plaintiffs' assertion and defendant B are South Korea, and defendant C, D, and E are children of defendant B.

Defendant B’s husband, Defendant C, D, and E’s father died on October 29, 198, and installed the grave in F forest No. 52,079 square meters (hereinafter “instant forest”). The Defendants completed the registration of the transfer of ownership with the shares in the attached inheritance shares, as to the instant forest owned by the deceased G.

Defendant B, C, and D visited the Plaintiff at the time around 1995 to donate the forest of this case to the Plaintiff, and Defendant E, who did not enter Korea, agreed to donate the forest of this case to telephone communications.

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership on the ground of donation on December 31, 1995 with respect to each share in the separate sheet of inheritance shares among the forest land of this case to the Plaintiff.

B. The evidence presented by the Plaintiff alone is insufficient to acknowledge the fact that the Defendants donated the forest of this case to the Plaintiff around 1995, and there is no other evidence to acknowledge this, and thus, the Plaintiff’s primary claim is rejected.

2. Determination on the conjunctive claim

(a) describe the reasons for the ancillary claim in the annex of the claim;

(b) Article 208(3)3 of the Civil Procedure Act:

3. The plaintiff's main claim against the defendants is dismissed on the ground that it is without merit. The plaintiff's conjunctive claim against the defendants is justified, and it is so decided as per Disposition.

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