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(영문) 부산지방법원 2017.06.01 2016나11773
토지보상금
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. At the time of November 15, 1974, E, F, G, H, I, J, K, and L were jointly owned with respect to the land of this case 1/8 shares with respect to the land of this case, E, F, G, H, I, J, K, and L, as of 935 square meters (hereinafter “instant land before the instant partition”) from the Da, Chungcheongnam-gun, Chungcheongnam-gun, the registration of ownership transfer (hereinafter “instant co-ownership registration”) was completed on November 9, 1974.

B. After October 2, 1996, among the land before the instant partition, the land category of 1,200 square meters was changed to M. 2, the previous 274 square meters was divided into N. 3, the previous 483 square meters into N. 483 square meters, and the previous 942 square meters into P. (hereinafter “each of the instant land”), and the remaining 192 square meters out of D land before the instant partition was changed to a bank.

(hereinafter referred to as “instant D”). C.

With respect to 1/8 shares in the land of this case and D, the ownership transfer registration was completed due to Q, R, S, T, U, and V ownership transfer due to property inheritance, and the entire share transfer registration was completed due to sale on November 4, 1996 under the name of F on November 5, 1996. On November 29, 196, as to 1/8 shares owned by H on November 15, 1996, the entire share transfer registration was completed to F on the ground of sale.

The Plaintiff is a deceased W (Death on September 25, 1974), and Defendant B is a spouse of the deceased F (Death on April 15, 2016), and Defendant C is a deceased F’s husband.

E. On May 10, 2016, the Defendants filed a report on the renunciation of inheritance with the Seoul Family Court 2016 Madan50811, and accepted the said report on September 7, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 11, 12, 13, Eul evidence Nos. 1 and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. As to each of the instant lands and the voice X,Y, Z, and AA’s land owned by the Plaintiff’s prior-friendly net W, the Plaintiff’s assertion was completed, since F et al. forged a sales contract of November 9, 1974, which was after September 25, 1974 when W et al. died, even though W did not dispose of it at all.

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