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(영문) 대구지방법원포항지원 2016.04.05 2015가단301364
소유권이전등기
Text

1. Of seven square meters in Northern-gu, Northern-si, Pohang-si:

A. As to the portion of 15/50 to Plaintiff A, Defendant D’s share of 9/50 to Plaintiff B.

Reasons

1. Determination as to the claim against Defendant D and E

A. On March 20, 1963, the net G is one of the instant land: (a) 7 square meters in North-gu, Northern-si (hereinafter “instant land”) from the network H on March 20, 1963.

2) The deceased on December 30, 1993, and the deceased on December 30, 1993, and the heir of the property is Defendant D(3/5 shares) and Defendant E(2/5 shares) who is a child.

3) The net G died on September 16, 2014. The heir of the property is the Plaintiff A (5/10 shares), the Plaintiff B (3/10 shares), the heir of the net I, who is the substitute heir of the Plaintiff C (2/10 shares), and the Plaintiff C (2/10 shares). Accordingly, the Defendants are obligated to implement the procedures for the registration of transfer of ownership by shares for the instant land, as described in paragraph (1) of this Article, as indicated in paragraph (1) of this Article.

(b) Grounds for recognition: Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination on the claim against Defendant Republic of Korea

A. The gist of the plaintiffs' claims is that Defendant D and E sell the instant land in sequential order to the network G, and the Plaintiffs, the heir of the network G, who were the heir of the network H, seek implementation of the procedures for ownership transfer registration by inheritance shares of Defendant D and E, in subrogation of Defendant D and Defendant E.

B. Determination 1) According to the overall purport of Gap evidence No. 1-1 and No. 2 as to the cause of the claim and the entire pleadings, it is recognized that the defendant Republic of Korea concluded a sales contract to sell the instant land at KRW 700 on December 14, 1962 with the deceased H to sell the instant land at KRW 700. Therefore, the defendant Republic of Korea is obligated to implement the procedures for the registration of ownership transfer by inheritance to Defendant D and E, the heir of the deceased H, barring any special circumstance. 2) The defendant Republic of Korea asserts that the right to claim ownership transfer registration by the deceased H based on the above sales contract has expired by prescription.

The date of purchase of the instant land from the Defendant Republic of Korea is December 14, 1962, as seen earlier, and the Plaintiffs.

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