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(영문) 대구지방법원경주지원 2019.07.24 2019가단10357
소유권이전등기
Text

1. Defendant Korea’s land listed in the Schedule 1. Attached Form 2.3 by Defendant C, D, E, F, G, H, I, J, and K.

Reasons

1. Basic facts

A. The former land cadastre concerning each land listed in the separate sheet (hereinafter “each land of this case”, and according to the sequences Nos. 1 through 3”) stated that L (L; hereinafter “L”) was the assessment of each land of this case on August 20, 1912, but its date of birth is not indicated, and the address is only indicated as “Gyeong-si M”.

B.O whose permanent domicile was established in Samsung-si N was deceased on April 7, 1947, and P succeeded solely to the P's property rights and obligations upon the inheritance of Australia on November 27, 1953.

[Along with Article 11(1) of the Decree on Civil and Civil Affairs applicable to legal relations concerning inheritance at the time, the family head of a family shall, except as otherwise provided for by law, succeed to the family head of a family in the order of lineal descendants, lineal ascendants, women, wife, etc. if the married male head of a family dies, and the family head of a family independently succeeds to the property of the previous head of a family (see, e.g., Supreme Court Decision 2005Da26284, Jan. 25, 2007).

P As a result of the death of December 9, 2005, P succeeded to the 3/17 shares of P, Defendant C, D, E, F, G, H, and I, each of which 2/17 shares.

그리고 Q이 2017. 3. 2. 사망함에 따라 Q의 자녀들인 피고 F, G, H, I 및 가봉녀(加捧女)들인 피고 J, K가 Q의 위 상속분 3/17을 1/6 지분씩 상속하였다.

Ultimately, the rights and obligations of the O’s property were inherited to the remaining Defendants except the Defendant Republic of Korea (hereinafter “the Defendants”) in proportion to the shares indicated in the calculation table of inheritance 2. A. D.

Plaintiff

From 1975 to 1980, A’s father R occupied the land No. 1 in this case and died in around 1996, and Plaintiff A succeeded to the said possession of R until now.

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