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(영문) 서울중앙지방법원 2018.06.14 2017가단12422
소유권보존등기말소청구 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. As the former Farmland Reform Act (repealed by Act No. 4817 of Dec. 22, 1994) enters into force on June 21, 1949, each of the lands in this case, for which the plaintiffs' claims were asserted, is confirmed to have been acquired for distribution purposes and have not been distributed later, and the ownership was reverted to the Ministry of Foreign Affairs and Trade, which was the original owner at the time of acquisition.

Therefore, each registration of preservation of ownership of this case, which was completed in the name of the defendant Republic of Korea, is null and void, and each registration of ownership transfer of this case, which was completed on the land Nos. 16 and 17 of this case, is based on invalid registration of preservation of ownership, and is also null and void.

The property of the Ministry of Foreign Affairs and Trade was succeeded to all of the plaintiffs, and the defendant Republic of Korea has a duty to register each of the registration of initial ownership of this case, and the defendant D has a duty to cancel each of the registration of initial ownership of this case.

2. In the case where a married male who is the head of a family dies without a male to inherit the head of a family according to the custom of the Gu regarding the inheritance relationship of the deceased, until the adopted child is selected, the right and property of the head of a family who was succeeded to the head of a family shall be succeeded to after the adopted child if the adopted child was selected after the temporary inheritance of the right and property of the deceased, in the order of the maintenance expenses, until the adopted child is selected (see, e.g., Supreme Court Decision 96Da20567, Aug. 23, 1996). However, in the case where the mother who succeeded to the head of a family who was temporarily inherited without the selection of the adopted child, was deceased of the deceased and did not select the adopted child for the former head of a family, such miscarriage shall be reverted to the adopted child (see, e.g., Supreme Court Decision 96Da20567, Aug. 23, 1996).

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