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(영문) 전주지방법원 2016.11.03 2015나9281
소유권이전등기
Text

1. Preliminary claims and ancillary claims of the Plaintiff (Appointeds) and the Plaintiff’s Appointors that have been changed in exchange at the trial.

Reasons

1. Basic facts

A. On December 23, 1979, the network T (hereinafter “T”) died and jointly succeeded to T by the Plaintiff (Appointed Party) and the Plaintiff’s designated parties (hereinafter “Plaintiffs”). On May 20, 1976, the network U (hereinafter “U”) died and jointly succeeded to U by the Defendant (Appointed Party) and the Defendant’s designated parties (hereinafter “Defendants”).

The inheritance shares of the plaintiffs and the defendants are as stated in the purport of the claim.

B. Since before 1960, T had built and occupied a unregistered house on the ground of 79 square meters in Yansan-gu, Jeonju-si (hereinafter “instant housing site”). The instant land, which is an adjacent land, installed a wall, gate, etc. on the instant land, and used it for math, etc.

C. U on August 29, 1947 the land of this case, 1974

9. 26. Each of the instant housing sites acquired ownership. D.

Since then, on September 30, 1989, the deceased Y (hereinafter “Y”) purchased the instant housing site from the Defendant (Appointed Party) who is the owner of the instant housing site by U’s heir, and completed the registration of ownership transfer. On December 27, 1995, the Plaintiff Appointor A completed the registration of ownership transfer on the portion of 50/79 out of the instant housing site due to sale as of November 30, 1995.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 7 through 9 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 8, the purport of the whole pleadings

2. Judgment as to the main claim

A. The gist of the plaintiffs' assertion lies in the purchase of the instant land and the instant housing site from U around 1973 and payment of the price. However, if U acquires the instant housing site from the Jeonju City by means of exchange, U at that time, the Defendants, U’s heir, are not immediately complete the registration by promising to execute the registration of ownership transfer of the instant land along with the instant housing site. As such, U’s heir, the plaintiffs, T’ heir, the plaintiffs.

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