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(영문) 서울중앙지방법원 2020.02.19 2018가단5275614
소유권말소등기
Text

1. The plaintiff's claim against the defendant Republic of Korea and B, and the main claim against the defendant Yangju-si.

Reasons

1. Basic facts

A. On October 10, 1913, the 702 G and the 359 G were circumstances in the name of each H on 10 October 10, 1913.

B. The Plaintiff’s fleet, who married with J, was the head of South-Nam, South-Nam L, Samnam M, Samnam N, and South-Nam N, and the Plaintiff’s fleet. However, M was the Plaintiff’s death on October 16, 1919; N was the Plaintiff’s death on March 22, 1923; and L was the same on May 8, 1952.

C. K married with P and Q and R were born, and Q and Q were killed on April 15, 1937, and Q were dead on June 22, 1937.

After that, P returned to S on September 30, 1941, and T, U, V, and W were his children, but V died on February 5, 1958.

E. Meanwhile, the Plaintiff’s fleet died on November 18, 1958, and R succeeded to the status of Australia.

After that, P died on October 17, 1985, and RR died on February 16, 1993.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 5, 11, and the purport of the whole pleadings

2. 원고의 주장 원고의 선대인 I은 1958. 11. 18. 사망하여 호주 상속에 수반하여 손녀인 R이 그의 재산을 상속하였고, R이 미혼으로 사망하여 절가(絶家)됨에 따라 그 재산을 최근친인 삼촌 O이 상속하였다.

As the O died on January 5, 2010, the property was jointly inherited by X, Y, and the plaintiff. The co-inheritors held an agreement on the division of inherited property to be owned by the plaintiff, with the real estate located in both weeks among inherited property.

However, H, the circumstances of approximately 702 square meters and approximately 359 square meters before G, the Plaintiff’s fleet I and the same person, and he/she acquired the ownership of each of the above real estate from around 702 square meters before G, Yang-gun, Yang-gun, the Gyeonggi-gun, the land of which was cadastrally restored from around 702 square meters before the F. 702 square meters (hereinafter “instant land”) and the land of which was altered from the 359 square meters before G, the portion of the attached land, among the shares of approximately 14,571.9 square meters in Gyeyang-si, E, the land of which was altered, is the 228/14741.9 square meters, or the portion of the attached land, the land of which was the 228 square meters inside the ship connected each point in sequence, and which was the 228 square meters (hereinafter “instant land”).

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