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(영문) 창원지방법원진주지원 2020.02.06 2019가단4126
소유권확인 등
Text

1. The plaintiff's action against the defendant is dismissed.

2. The remainder of the defendants except Korea shall be the defendants.

Reasons

1. Determination as to claims against the Defendants other than Korea

(a)as shown in the reasons for the attachment of the claim;

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination on the claim against Defendant Republic of Korea

A. 1) The land AB in Jin-si, Jin-si, Jin-si, Jin-do, acquired the ownership at the original time under the circumstances of AC during the Japanese occupation period. 2) The ownership of the land AB was transferred to AD, AE, and AF on November 14, 1929.

3) On October 30, 1975, the land AB was divided into 30, 1975, and became 674 square meters of AB cemetery and AA road 149 square meters in Gyeong-si, Gyeong-do. 4) The land AB in Gyeong-do, Chungcheongnam-do, Chungcheongnam-do (hereinafter “instant land”) is currently unregistered.

[Grounds for recognition] The written evidence Nos. 1, 6, and 7 and the purport of the whole pleadings

B. On January 14, 1929, the Plaintiff purchased the instant land from AC and held title trust with AD, AF, and AE, which was a final source. 2) AD died on May 18, 1932, and inheritance was conducted in succession with respect to AD’s property.

2.The co-inheritors of AD will be from 8.0 to 8.0

3. AF died on May 6, 1958, and inheritance succession took place with respect to the property of AF in succession.

9.AF co-inheritorss shall be from 9 to 24.

4) The Plaintiff terminated the title trust with respect to the Defendants (excluding the Republic of Korea) who are successors of AD, AF, and AE, by serving a duplicate of the instant complaint. If so, the Defendants (excluding the Republic of Korea) are obligated to implement the registration procedure for ownership transfer with respect to the shares in the attached sheet out of the instant land. 5) The instant land is currently unregistered, and the registration titleholder cannot be identified solely on the basis of its land cadastre.

Therefore, the Plaintiff’s right to claim the registration of ownership transfer based on the cancellation of title trust is the preserved right, and the Defendants (excluding the Republic of Korea) shall exercise the right to claim the registration of ownership transfer against the Defendant Republic of Korea.

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