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(영문) 의정부지방법원고양지원 2016.01.29 2015가단70795

소유권말소등기

Text

1. As to the real estate listed in the separate sheet, the Plaintiff

B. Defendant GJE is the High Government District Court of the Republic of Korea.

Reasons

1. Basic facts

A. On April 1, 2010, the real estate stated in the attached list of the land of this case and the ruling (hereinafter “instant land”) is the land divided by Goyang-gu H on April 1, 2010 (hereinafter “the land before subdivision”). Nonparty I was assessed on the said land before subdivision in 1913. Nonparty J (J; hereinafter “J”); K, L, I, and I (hereinafter “J et al.”) filed an objection to the foregoing, and was ruled on August 10, 1916 that the land before subdivision is not owned by I but jointly owned by J and three other parties.

The address of J, the name of the adjudication in the above written ruling, is written in Bupyeong-gu, Chungcheongnam-do M.

B. The Plaintiff’s inheritance relationship (1) J, which mainly established N in the North-gun of Hagbuk-do, had resided in the O Jongno-gu Seoul P, Jongno-gu, Seoul, Q Q.

The J died on December 20, 1937, and there was Q Q and R as his bereaved family members at the time of his death.

(2) On August 25, 1964, Q entered the military register on August 29, 1964 upon the permission of the Seoul District Court of Seoul, Seoul, under the Regulation on Temporary Measures for Family Register (Military Law No. 179) to inherit Australia from the father who died with his permanent domicile in the North Korean region. The name of Q was written as “S” in the process of mistake.

On April 23, 1975, upon the permission of the Seoul Civil Criminal District Court's Youngpo District Court's Youngpo District Court's branch on April 30, 1975, the entry was corrected from "S" to "J".

(3) The Plaintiff was born between TR and U., and Q did not have a child to adopt the Plaintiff for the inheritance of Australia, and on August 29, 1964, the Plaintiff was born as a natural father.

(hereinafter the above J was deceased on August 26, 1980, and Q was the family member of Q and was both wife V and the plaintiff.

Since then, V died on March 16, 2003.

C. (1) Defendant F is a clan of Korea (hereinafter “Defendant clan”) under the circumstances surrounding the preservation of ownership and the transfer registration of the instant land.