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(영문) 대전지방법원 2014.09.18 2014가합2482
구상금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The relevant Plaintiffs and the Defendants, as the descendants of the deceased J (the deceased on December 4, 1963, hereinafter “the deceased”), succeeded to each real estate indicated in the attached Form No. 1 that was owned by the deceased (hereinafter “each real estate of this case”) in succession or succession by representation as indicated in the attached Form No. 1, 1963.

B. The registration of ownership transfer or ownership transfer registration was completed between October 17, 1997 and December 28, 1998 where the Defendants were co-owners (each co-owner's co-ownership share 1/5) with respect to each real estate of this case (excluding each real estate listed in No. 10, 23, 24, and 50 in the separate sheet No. 10, 24, and 50 in the separate sheet on the disposal of the inherited real estate).

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including virtual numbers), and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The summary of the plaintiffs' assertion 1) The plaintiffs jointly inherited each of the real estate of this case owned by the deceased and acquired co-ownership shares as shown in the annexed inheritance details sheet. The defendants jointly manage each of the real estate of this case with the defendants, and entered into a title trust agreement with the defendants to register the plaintiffs' shares in inheritance as the owners. Accordingly, the registration of preservation of ownership or the registration of transfer of ownership in the name of the defendants has been completed with respect to each of the real estate of this case. However, although the defendants have only management rights over the plaintiffs' co-ownership shares, some of the real estate of this case in the form of land in the annexed inheritance real estate disposal list in the annexed inheritance real estate disposal list in the annexed inheritance real estate disposal statement in the annexed inheritance real estate disposal list, the defendants indicated as "joint sale" as "joint sale" as the real estate in the above land situation.

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