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(영문) 서울중앙지방법원 2018.09.19 2017나61043
소유권이전등기
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

Basic Facts

Attached Form

With respect to each of the lands listed in the list (hereinafter “each of the lands of this case”), ① the land listed in the separate sheet No. 1 on August 10, 1942 due to trade on August 10, 1942, stated that the ownership transfer registration was made on November 24, 1952 as to the land listed in the separate sheet No. 1 on the second page of the closed copy of the register (Evidence No. 2-1) but it is obvious that it is a clerical error in the previous copy of the register (No. 4 pages) attached thereafter.

11. On December 24, 1996, the ownership transfer registration was completed in the defendant's future on December 20, 1996, on the grounds that the original Wdong in the Sung-gunJ was changed in Wiro administrative district, and that the name was changed in Wiro for convenience; hereinafter referred to as "Wi.K."), and the ownership transfer registration was completed in the defendant's future on September 11, 1948.

L died on May 21, 1992, and the rest of the plaintiffs A and their children, who are their spouses, succeeded to the deceased's property by shares in the attached inheritance share sheet.

[Evidence] In the absence of dispute, the parties to the determination as to the grounds for the claim of Gap's evidence Nos. 1 through 3 and 11 (including each number; hereinafter the same shall apply) and the overall purport of the pleadings, the plaintiffs asserted that the plaintiff is the same person as L and K are Korea, and therefore the plaintiff's transfer registration of ownership is null and void under the premise that the land owner is Japan, and since the plaintiffs inherited the above land as the heir, the defendant is liable to implement the procedure for the transfer registration based on the restoration of real name.

The defendant shall claim that L and K are not the same person.

Judgment

The following facts are acknowledged prior to whether K and L are the same person: ① The address of K on the registry of each land of this case is "JJ of Sungju-gun"; the address is the permanent domicile of L's attached M and is reported to be born at the same place; ② M's children are N;

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