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(영문) 서울동부지방법원 2016.11.25 2014나3469
소유권이전등기
Text

1. Defendant D, E, M, N,O, and P’s appeal shall be dismissed.

2. Paragraph 1 of the decision of the court of first instance is a claim in the trial.

Reasons

1. Basic facts

A. On April 22, 1966, each real estate net W in the separate sheet No. 1 (hereinafter “the instant forest”) completed the registration of ownership transfer based on family inheritance with respect to the real estate listed in the separate sheet No. 1(1) (hereinafter “the instant forest”). On January 25, 1950, the registration of ownership transfer was completed on January 25, 195 with respect to V large 486 square meters (hereinafter “the instant land before the instant partition”).

Before the instant partition, each of the real estate listed in [Attachment 1] 2 and 3 (3) on September 6, 2013 (hereinafter collectively referred to as the “instant site”) was divided into the instant site and Boan-si AC large of 137 square meters.

B. The Defendants’ inheritance shares 1) The deceased on February 12, 1971. The deceased on February 12, 1971. The Defendants other than Defendant A and AB, the Plaintiff, and the deceased W’s co-inheritors (including acting inheritors), and the Defendants’ inheritance shares other than Defendant A and AB, the Plaintiff’s inheritance shares in the deceased B, are as indicated in the attached Form 2 inheritance shares. 2) The deceased on January 26, 2015 during the time of the trial, and Defendant AA and AB, the deceased on January 26, 2015 while the deceased’s lawsuit was pending, and some of the deceased’s inheritance shares in the deceased B were inherited to Defendant A and AB, the assignee of the lawsuit, and some of the inheritance shares in the deceased B, as indicated in the attached Form 2 inheritance shares.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5 through 8, Gap evidence Nos. 21, 22, Eul evidence Nos. 6 and 9 (each number omitted), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. A. A summary of the Plaintiff’s assertion 1) Around January 15, 1970, the primary claim net W donated the instant forest land and the instant land to the Plaintiff before the death. Therefore, the Defendants are obligated to implement each of the procedures for ownership transfer registration on the instant forest land and each of the Defendant’s shares in the instant land, as indicated in the separate sheet 2. (2) A preliminary claim is made from February 12, 1971, and the instant forest land from February 12, 1971 to April 198 with each of the instant land owned for 20 years.

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