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(영문) 부산지방법원 2014.08.21 2014가단25494
소유권말소등기 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the deceased's son's heir, and the defendant is the adopted interest and heir of the deceased's mother and child relationship with the deceased C.

B. The deceased C and D married on August 22, 1957, but consulted on February 16, 1979. They reported marriage again on September 13, 1985.

C. On January 18, 1978, the network C and D constructed the second floor of the building listed in the annexed list No. 2 (hereinafter “instant building”). On January 18, 1978, the registration of ownership transfer was completed in the name of the network C with respect to the first floor of the building, and in the name of the network D with respect to the second floor. On October 20, 1979, the network C completed the registration of ownership transfer for the first floor of the building on October 20, 1979.

On May 16, 1983, the network D was a member of the E Housing Improvement 1 Association, and completed the registration of ownership transfer with respect to each of the above real estate on September 30, 1986, after receiving from the 1 association for the improvement of E’s housing, a donation of 3 square meters in Busan-gu Busan-do (hereinafter all land shall be specified as a lot) and 47 square meters in G large-scale 30 square meters, and completed the registration of ownership transfer with respect to each of the above real estate on September 24, 1986. On September 24, 1986, the G large-scale 71 square meters, J large 20 square meters, J large 4 square meters, K large 1 square meters, and 14 square meters in H large 10 square meters. On January 26, 1993, M large 5 square meters in lots from Busan-si, and completed the registration of ownership transfer with respect to each of the above real estate on March 8, 1993.

E. From June 22, 1990, the Plaintiff resided in the instant building with the deceased C and D, and the deceased on March 11, 1998 and the deceased on March 27, 2008.

F. On April 4, 2008, the Defendant completed the registration of ownership transfer based on inheritance, and on April 22, 2008, the Defendant merged the above 1 and 2 floors on June 18, 2008, following the completion of the registration of ownership transfer based on inheritance with respect to the 1 and 2 floors of the instant building.

G. The Plaintiff is against the Defendant, as Busan District Court 2008Gahap7119, the instant building and land (hereinafter “each of the instant real estate”).

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