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1. The defendant shall pay to the plaintiff A 3/9 shares, the plaintiff B, C, and D, among the 144.1m2 in Gangseo-gu Seoul Metropolitan Government F. The defendant shall pay 2/9 shares, respectively.
Reasons
1. Facts of recognition;
A. On October 23, 1965, G owned Nos. 1,511 (hereinafter “H land before division”) of Gangseo-gu Seoul Metropolitan Government H, and died, G jointly succeeded to the deceased’s property by the deceased’s son and the son and the family heir N (O, the son of the deceased, died on March 14, 1951, and NN inherited the deceased’s property jointly.
B. Before the subdivision, H land was divided into P or Q on December 31, 1965, and R 1,408 was divided into R, S or T on August 14, 197, and U 61 square meters divided into the F 14.1 square meters on June 18, 1982 (hereinafter “instant land”).
C. Meanwhile, the registration of ownership transfer was completed from the deceased on December 31, 1965 with respect to R No. 1,408 on the land of this case, which was replaced on September 9, 1977, on the ground that I completed the registration of ownership transfer on September 9, 197 with respect to U No. 61 square meters after division on December 27, 1965, and the Defendant completed the registration of ownership transfer on the land of this case, which was replaced on March 5, 1984, due to donation on March 3, 1984.
The N died on June 8, 201, and caused the death of June 8, 201, the Plaintiff B, C, and D, the wife, jointly inherited the lost N’s property.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 8 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Since a person registered as an owner of a real estate to determine the cause of the claim is presumed to have acquired ownership through legitimate procedures and causes, the fact that the registration was based on title trust has the burden of proof for the claimant.
(See Supreme Court Decision 2007Da90833 Decided April 24, 2008). Comprehensively taking account of the descriptions and images of evidence Nos. 12, 14 through 16, 18, 19, 21, 26, and 32, the registration certificate of the land of this case before subdivision is held by the Plaintiffs, the heir of the network N, and N, around September 1982.