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Reasons
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(영문) 대구지방법원 2019.05.22 2018나318455
소유권이전등기청구의 소
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1. Of the judgment of the first instance, parts of the judgment against Defendant B, C, D, E, and H are modified as follows:

Defendant B, 1.

Reasons

1. Determination as to claims against Defendant B, C, D, E, and H

A. The fact that the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from L on January 10, 1983 from L to pay the purchase price of KRW 2 million and paid the purchase price in full is no dispute between the Plaintiff and the said Defendants.

B. Inheritance 1) L died on November 30, 1983, and his heir was his child M (manam), Defendant I, J, K, and N. Defendant I was married on June 1963, and Defendant J was married on or around 1966, respectively. Thereafter, N died on January 2, 1993, and his heir died on April 19, 197, and there was a co-defendant F (Ma), Defendant B, and C, a child, and Q, a co-defendant in the first instance trial.

3) Q has died on May 28, 2006, and there are Defendant C and C, the wife of which, as his heir, Defendant D and E.O died on June 5, 2017. [Grounds for recognition] Evidence A1 through 8 (including household numbers)

C. According to the fact that Defendant B, C, D, E, and H’s obligation to implement the registration procedure for ownership transfer, L was obligated to perform the registration procedure for ownership transfer on the instant real estate on January 10, 1983, but Defendant B, C, D, E, and H inherited the pertinent obligation according to their respective inheritance shares (net or substitute inheritance) upon the death of L.

Furthermore, specific inheritance shares are shares of Defendant B and H 7/704, shares of Defendant C 33/704, shares of Defendant D and E 22/704.

(2) Inheritance shares due to N's death -O 21/176 (=7/16/16/16/176/17) of inheritance shares due to N's death - C6/176/176 (7/16/16/176/17) of inheritance shares due to Q's death - C6/176/176/D66/D, 46/176/176/176/176/176/46/176/176/46/176/176/176/176/176/176/176/176/176/176/176/176/176/176/174/76/176/37/176/176/37/17) of inheritance shares due to N's death.

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