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(영문) 대구지방법원 포항지원 2018.10.30 2018가단100876
소유권말소등기
Text

1. The Plaintiff is not less than 374 m2 in Ulllleung-gun J. 374 m2:

(a) Defendants B, C, D, and E shall each share in attached Form 1.

Reasons

1. Indication of claims for determination as to claims against Defendant B, C, D, E, F, G, and H: The same shall apply to the reasons for and to the changed reasons for the claims.

Judgment by deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

2. Determination as to the claim against Defendant (Appointed Party) and Appointed K

A. On March 30, 1985, with respect to the land of this case, JJ 374 square meters (hereinafter “instant land”), which was owned by L of the basic facts, pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, hereinafter “Special Measures Act”) on the Registration, etc. of Ownership of Real Estate on September 4, 1970, M the ownership transfer registration stated in paragraph (1) of the claim was completed.

Since then, the registration of ownership transfer stated in Paragraph 2 of the claim concerning the land of this case was completed on June 23, 1986, which is the fraud of M on June 23, 1986, on June 23, 1986, on June 23, 1986, the registration of ownership transfer stated in paragraph 3 of the claim based on sale and purchase as of September 3, 199, and the registration of ownership transfer stated in paragraph 4 of the claim based on sale and purchase as of October 7, 2015, on December 17, 2015.

L was killed on February 18, 1975, and the plaintiff is one of the successors as L's children.

M died on November 13, 1990, and on the death of Defendant B, C, D, E, Defendant (Appointed Party) and Appointor, K were the heir of M, and N died on April 28, 2015, and Defendant C, F, G and H are the heir of N.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

B. The Plaintiff’s assertion is null and void as to the instant land under the Act on Special Measures, March 30, 1985, since the registration of transfer of ownership that was completed in the future MM is a cause for the registration of transfer of ownership to the instant land, the Defendant (Appointed Party) shall claim the registration of transfer of ownership under paragraph (4) of the purport of the claim concerning the instant land, and the registration of transfer of ownership under paragraph (1) of the purport of claim concerning the portion stated in attached Form 1 among the instant land

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