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(영문) 대구지방법원 2018.11.01 2018나300003
소유권확인
Text

1. Of the judgment of the court of first instance, the plaintiffs on the claim for ownership confirmation of the real estate stated in attached Table 2.

Reasons

1. In the first instance trial, the Plaintiff filed a claim against the Defendant for confirmation of ownership of the real estate stated in the attached list No. 1, the first instance trial co-defendants (Appointeds) E and the appointed parties F, G, and H, the claim for registration of ownership transfer of the said land, and ② the claim for confirmation of ownership of the real estate listed in the attached list No. 2 (hereinafter “instant real estate”).

The court of first instance dismissed all of the plaintiffs' claims against the defendant among the lawsuits in this case, and accepted all of the parts against the co-defendant E of the first instance court (Appointed Party) and the designated parties F, G, and H.

Accordingly, the plaintiffs appealed to the part of the claim against the defendant as to the second claim against the defendant, which is subject to the judgment of this court is limited to the claim for confirmation of ownership of the real estate of this case

2. Basic facts

A. The Plaintiffs jointly inherited the L’s property at the ratio of 3/9 shares in Plaintiff A, B, and C, respectively, and Plaintiff D, as the inheritors of Nonparty L, who died on September 30, 2007.

B. Although the instant real estate is unregistered land and is registered as K’s land cadastre on November 1, 1910 and is registered as an assessment of November 1, 1910, K’s personal information is not indicated in the address, resident registration number, etc. that can be specifically verified.

C. On October 12, 1990, the deceased L filed a claim against K for the registration of ownership transfer of the instant real estate with respect to the instant real estate (Tgu District Court 90Da3031, 90Kadan18705 (Joint)) and its judgment became final and conclusive as it is.

[Ground of recognition] without any dispute, Gap's evidence 1-3, Gap's evidence 8 through 12 (including numbers, hereinafter the same shall apply), Gap's evidence 13-2, Eul's evidence 7, and the purport of the whole pleadings

3. The parties' assertion

A. The plaintiffs' assertion 1 K sold this case's real estate to non-party P around May 25, 1950. The above P sold on December 31, 1960, to V, to W on March 18, 1974, and W around April 13, 197, to the deceased.

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