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(영문) 서울중앙지방법원 2016.06.03 2016가단5040128
소유권말소등기
Text

1. The defendant on May 12, 1995, concerning each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. In the land survey division prepared during the Japanese occupation period, each of the lands listed in the separate sheet (at the time, “Ycheon-gun B” was changed to “Ycheon-gun C,” and the land category was changed and the area was converted to “Ycheon-gun C”; hereinafter “each of the instant lands”).

B. As to each of the instant lands, the Defendant completed the registration of initial ownership on May 12, 1995 as the receipt No. 4288 on May 12, 1995.

C. On November 18, 1917, the Plaintiff’s conciliation division D succeeded to the family head and property of the deceased, E, the head of the deceased.

E As of October 6, 1987, the Plaintiff, F, G, and H were co-inheritors, and I died on November 26, 2007, and the J inherited I’s property solely.

The Plaintiff, G, H, and J agreed on the division of inherited property to inherit each of the instant land solely by the Plaintiff.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. Determination

A. It is confirmed that D's address at the time was the Gyeonggi-gun Group B, which is the seat of each land of this case, because the judgment on the cause of the claim of this case became vacant, while E's removed copies are recognized that D's permanent domicile was stated as "Seoul Metropolitan Government Jongno-gu K" (each entry in Gap evidence 1, No. 4-1, No. 4-1, No. 4-2, and No. 7), but the following circumstances, namely, E's removed copies were destroyed by fire on December 13, 1947, destroyed by fire, destroyed by the end of January 1, 1949. According to the plaintiff's report in the plaintiff's house, the plaintiff's removed copies were M's wife M's 1, No. 4, and the plaintiff's 1, No. 4, and the plaintiff's mother's 1, No. 989, Dec. 14, 194, the plaintiff's wife died.

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