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(영문) 전주지방법원 2020.10.21 2019나5140
소유권확인
Text

The judgment of the first instance shall be revoked.

The defendant is in the middle of 943 square meters for the plaintiff (appointed parties) and the designated parties.

Reasons

1. Basic facts

A. On May 22, 1931, H completed the registration of ownership transfer for the instant land on May 17, 1931, G G 943 (hereinafter “instant land”). H died on July 24, 1952, and he was solely inherited the instant land by the heir of H, who was the family head of H, after having died on July 24, 1952, and on September 26, 1967, I declared that “the expiration of the period of unknown life or death on August 8, 1955” was declared missing on September 26, 1965, and the Defendant, a family heir, was solely inherited the instant land.

B. On March 12, 1965, J deceased on March 12, 1965, and succeeded to the property of J in proportion to the proportion of 1/12 of the spouse K, 3/12 of the appointed family heir of J, 1/12 of the appointed family of J, 3/12 of the appointed family of J, and 1/12 of the appointed family of son C, E, Plaintiff (Appointed Party) and Appointed (Appointed Party) succeeded to the property of J in proportion to 2/12 of each of them. 2) After K died on March 17, 1998 and died on March 17, 1998 and succeeded to the property of the Plaintiff (Appointed Party) D, designated parties, and L in proportion to the shares of 1/6 of each of them succeeded to the inheritance ratio of property inherited from J.

1. The description;

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 3-9, the purport of the whole pleadings

2. Determination as to the cause of action

A. The following facts can be acknowledged in light of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 2-1, 2, and 3-1.

1) According to the division of farmland prepared as part of the farmland distribution procedure under the former Farmland Reform Act (amended by Act No. 31, Jun. 21, 1949; hereinafter “farmland Reform Act”), the father J of the Plaintiff (Appointed Party) received the amount of 400 square meters out of the land in this case from 1.982 to 1.982, the amount of redemption was distributed to the NAN, and the victim was written as H.

3. According to the redemption ledger of the instant land, the receiver shall be from North Korea.

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