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(영문) 대전지방법원 서산지원 2018.04.04 2015가단5806
소유권이전등기
Text

1. For each real estate listed in the Schedule of Attached 1:

A. Defendant F, G, H, I, N,O, P, Q, R, S, T, V, M, W, X,Y, Z, AAB, AB, and AD.

Reasons

1. Determination as to claims against the remaining Defendants other than Defendant M&C, and AI

A. (1) AL completed the registration of ownership transfer on September 16, 1922 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). L donated each of the instant real estate to AM on November 4, 1949.

(2) L died on April 19, 1960, and the property of the net AL was inherited or inherited by inheritance or by representation, such as the inheritance shares in the attached Table 2.

(3) On October 5, 1980, AM donated each of the instant real estate to A.

(4) AM died on August 20, 1991, and his wife succeeded to the property by Defendant J (Inheritance 3/11), Defendant K, L, and M (Inheritance 2/11, respectively).

(5) A died on September 4, 2017 while the instant lawsuit was pending, and the Plaintiff B (the inheritance shares 3/9), his wife, and the Plaintiff C, D, and E (the inheritance shares 2/9) inherited the property.

(b) Judgment on deemed confessions by applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);

C. As seen behind the partial dismissal of Defendant J, K, and L, Defendant J, AC, and AI’s obligation to transfer ownership to Defendant J, K, and L cannot be recognized. As such, the Plaintiffs’ claim against Defendant J, K, and L, Defendant M, AC, and AI’s share cannot be accepted.

2. The plaintiffs alleged that AL donated each of the instant real estate to AM on November 4, 1949, while AM donated each of the instant real estate to A on October 5, 1980. However, the entries of A evidence No. 3 alone are insufficient to recognize the above assertion by the plaintiffs, and there is no other evidence to acknowledge it. Thus, the plaintiffs' assertion against Defendant M, AC, and AI cannot be accepted.

3. If so, the plaintiffs' claims against Defendant F, G, H, I, N, P, Q, Q, R, T, U, V, W, X, Z, AB, AD, AE, AE, AF, AH, AH, AH, AJ, and AK are accepted for reasons within the above scope of recognition. The plaintiffs' claims against Defendant J, K, and L are accepted for reasons within the above scope of recognition.

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