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(영문) 서울중앙지방법원 2017.04.11 2016가단5118106
소유권확인 등
Text

1. It is confirmed that the share of 1/2, out of 141 square meters prior to Daegu-gun, is owned by the Plaintiff.

2. The defendant-in-facte group.

Reasons

1. Facts of recognition;

A. On October 5, 1917, the former 158 square meters (hereinafter referred to as the “instant maternity land”) was divided into KRW 141 square meters (hereinafter referred to as the “instant one”) and the former 381 square meters (hereinafter referred to as the “instant two land”) on January 5, 2012, E, who had his domicile in the Ddong on October 5, 191, had acquired ownership. The said land became 522 square meters before Daegu-gun, Daegu-gun, due to registration conversion, administrative district alteration, etc.

B. The instant land does not specify the present unregistered land as the first owner, and there exists only the land cadastre, which is indicated as the owner of the said land as the owner of the said land, and the instant land was expropriated in the unit to be achieved by the Defendant. On August 29, 2013, the Defendant-gun District Court deposited KRW 51,111,150 of the Land Expropriation Compensation under the Daegu District Court Seo-Support 2013 Deposit No. 1881 on the ground that the whereabouts of the owner is unknown. The interest rate on the deposit is 0.1% per annum pursuant to Article 6 of the Deposit Act and Article 2 of the Rules on Interest on the Deposit.

C. The Plaintiff, H, H, H, and H, as H, formed N, and O with children between his spouse J, and K, L, M, and H, and K, South Korea, with children, Q, R, S, and H, with their spouse P, had Q, R, and R had the Plaintiff between his spouse V.

On December 11, 1972, the Daegu District Court Decision 72Ra61 on April 30, 194, as well as the Plaintiff’s evidence I, issued a judgment of disappearance for the reason that the five years have elapsed since the date of disappearance on April 30, 194, and L was in large 10 years (1921).

3. 19., Q은 소화(昭和)2년(1927년) 10. 7. 각 배우자나 자식이 없이 사망하였다.

E. Meanwhile, the adoption report was completed on May 3, 1973 by the adoption report of W, which is the arche of M (Death on September 4, 1972). Since then, the Plaintiff filed a lawsuit against W to nullify adoption under the Seoul Family Court Decision 2014Ddan32048, and confirmed that the adoption was null and void on April 29, 2015.

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