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(영문) 의정부지방법원 2015.01.15 2014나52668
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Judgment as to the main claim

A. (1) Plaintiffs’ assertion (1) pursuant to the Act on the Disposal of Property Belonging to the State in around 1955, D purchased from Defendant 5-ma 7-ma 9, rice 1-ma 8-ma 4, and land ownership of this case is acquired by fully paying the said rice and barley in full, in the case of Pakistan, each of the land listed in the separate sheet was divided; hereinafter referred to as “instant land”).

(2) On February 25, 1980, D died, and the deceased’s successors, including the Plaintiffs (including the successors who have succeeded to the deceased’s successors in succession) agreed on the division of inherited property to inherit one-third of the land of this case by each of the plaintiffs.

(3) Meanwhile, the registration of ownership transfer has been completed in the name of the defendant, and the defendant is obligated to implement the procedure for registration of ownership transfer on the ground of sale as of November 5, 1956 to the plaintiffs, who are the deceased D's successors, the owner of the land of this case.

B. As to whether the judgment network D purchased the land of this case, which is the property devolving upon it, the Plaintiffs’ evidence Nos. 13 and 15 of the evidence No. 15 of the evidence No. 21 cannot be viewed as evidence of the above facts since the plaintiffs’ assertion that they correspond to it is not indicated (i.e., the above evidence No. 4-1 is not the document stating the sale details of the property devolving upon it, but the document No. 24, and the statement No. 28-1 and 3 of the evidence No. 28 cannot be viewed as evidence of the above facts. (ii) According to the above evidence No. 4-1, each of the above evidence No. 4-1 is not the document stating the sale details of the property devolving upon it, but the document

In addition, the reason that the deceased D’s domicile was the land in this case cannot be deemed to have purchased the land in this case, which is the property devolving upon the deceased D, and there is no assertion or proof of the circumstances that may otherwise be recognized.

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