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(영문) 부산지방법원서부지원 2019.06.21 2018가단110484
소유권이전등기
Text

1. The part of the instant lawsuit against Defendant B and C shall be dismissed.

2. The plaintiff's claims against defendant D and E are all filed.

Reasons

1. Basic facts

A. Defendant D and E, as the owner of the real estate listed in the separate sheet prior to the original subdivision (the original size is 62,732 square meters or more, or 1,254 square meters or more of F forest land in Jincheon-gun, Chungcheongnam-do, Chungcheongnam-do, on February 25, 2003, hereinafter referred to as the “instant real estate”), filed a transfer registration of ownership (hereinafter referred to as the “the first transfer registration of ownership in this case”) with respect to one third portion of the instant real estate with respect to June 27, 1985 as the owner of the real estate indicated in the separate sheet prior to the original subdivision on June 26, 1985.

B. Of the instant real estate, on January 30, 2008, the transfer registration of ownership in the name of G was completed due to the donation on the ground that the transfer registration of ownership in the name of G was completed, and with respect to the Plaintiff’s shares, the transfer registration of ownership in the name of J was completed due to the donation on the same day, and with respect to H shares, the transfer registration of ownership in the name of Defendant C, a child of H, due to the donation as of January 24, 2008 (hereinafter “the instant transfer registration of ownership in the name of Defendant C”) was completed on the same day.

Since then, the provisional registration of the right to claim ownership transfer in the name of J was completed due to the trade reservation on December 8, 2009 with respect to I and Defendant C shares of the instant real estate on the same date, and the ownership transfer registration in the name of J was completed on November 23, 2017 with respect to I shares.

C. The Plaintiff, G, and H are siblingss.

H Deceased on April 8, 2016, and Defendant B and C are inheritors as children of H.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, Gap evidence 5-1 to 5, Eul, the purport of the whole pleadings

2. Determination:

A. On June 26, 1985, the Plaintiff purchased the instant real estate from Defendant D and E, and entrusted only one third of them to G and H.

Of the instant real estate, one-third share in the name of G and H.

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