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(영문) 대구지방법원 2016.04.06 2015가단14485
소유권말소등기
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The defendant (Counterclaim plaintiff) shall list the plaintiff (Counterclaim defendant) in attached Form.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The name of the father of the Plaintiff (Counterclaim Defendant; hereinafter referred to as the “Plaintiff”) and the Defendant (Counterclaim Plaintiff; hereinafter referred to as the “Defendant”), which is the premise of the dispute, is both C (the mark of the Plaintiff is also the same as C) and Dong name.

The father of the plaintiff died on June 25, 1972, while the father of the defendant died on February 12, 2002.

The heir of C, who is the father of the plaintiff, is the plaintiff, D, E, F, G, and C, the father of the defendant, is the defendant, I, J, K, L, M, and N.

Attached Form

The registration of ownership preservation was completed as of December 18, 1964 by the Daegu District Court, Cheongdo Office, Cheongdo Office, No. 11060 of the receipt on December 18, 1964 with respect to the real estate stated in the list No. 1 (hereinafter “real estate No. 1”). The matters concerning the right holder are indicated as “owners C, Cheongdo-gunO,” and the registration of ownership transfer was completed as of April 8, 1947 with respect to the real estate listed in the separate list No. 2 (hereinafter “real estate No. 2”) as of April 8, 1947 by the above registry office No. 5522 of the receipt on June 6, 1947. The matters concerning the right holder are described as “owners C, Cheongdo-gun P.”

On February 12, 2002, the Defendant completed the registration of ownership transfer as the receipt No. 4645 on March 13, 2015 due to inheritance by consultation and division.

Meanwhile, the Plaintiff holds an application for registration of the instant real estate No. 1 and a certificate of sale of the instant real estate No. 2. The Defendant’s father and the Defendant paid local taxes (the aggregate land tax, urban planning tax, education tax, and agricultural special tax) on each of the instant real estate from around 1996.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 2-1 and 2, Gap evidence 3 and 4, Gap evidence 6 through 10, Eul evidence 1 and 2, Eul evidence 6-1 and 6-2, and the purport of the whole pleadings

2. The plaintiff and defendant's assertion

A. The owner of each of the instant real estate asserted by the Plaintiff is C, the father of the Plaintiff.

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