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(영문) 울산지방법원 2014.02.07 2013가단52140

소유권말소등기

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1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The parties to the dispute and inheritance relationship 1) Plaintiff A are five women of the network, Plaintiff B, as the grandchildren of the network D, and Plaintiff B were the grandchildren of the network D. Meanwhile, the network E, as the male and female of the network D, had the network F, under the sleep, but the Defendant was arrested in the case of G in 1946, and was arrested on November 28, 1946, and was sentenced to imprisonment for life in the modern prison on July 3, 1950.

Accordingly, the mother of the network D was solely inherited the network D's property as the heir of the family head of the network D.

(B) On December 1, 1973, H jointly succeeded to H’s property at the rate of 1/2 shares of each of the 1/2 shares, as H died on February 6, 1942 before the network D. 3) H died on December 1, 1973 (H’s son’s son’s son died without his her son’s death).

() As the network D died earlier than H, the five women of the network, and the plaintiffs who are grandchildren succeeded to the deceased's inheritance shares (the network D was married with K and died on November 25, 1982 on the part of the deceased's wife, M, N, N, andO, who were married with K, was missing during the war at around 1950 and was declared missing on June 25, 1955 by the Ulsan District Court, and died on August 20, 1965. The plaintiff Eul's division P was dead on August 20, 1965, and on June 15, 1982.

B) The pertinent real estate was registered under the name of the original network D, and the registration of ownership transfer was completed. However, on January 20, 1970, the networkF completed the registration of ownership transfer on July 15, 1954 due to sale and purchase based on the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 211, Jan. 11, 1980; Act No. 3049, Jan. 2, 1980; hereinafter referred to as the “Special Measures Act”) with respect to real estate on January 20, 197.

2. On June 14, 1993, the defendant shall make a legacy on December 18, 1992 with respect to each of the real estates of this case.