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1. The defendant shall receive on December 5, 2007, the Suwon District Court Yangyang-gun, Yangyang-gun, Yangyang-gun, 1428 square meters.
Reasons
1. Facts of premise;
A. On February 28, 1945, Gyeonggi-do Yangyang-gun B (hereinafter “instant real estate”) was registered as the ownership of C (D on the certified copy of the registry) under Article 290 of the Suwon District Court’s Yangyang-gun’s receipt of registration office on February 28, 1945. However, on December 5, 2007, the registration of transfer of ownership in the Defendant’s name was completed on the ground that the ownership was reverted to the right as of September 11, 1948 by the Suwon District Court No. 47656 on December 5, 2007.
B. On March 16, 1970, the Plaintiff’s husband and wife succeeded to E’s property by F, G, H, I, and J. On the other hand, G died on July 1, 2001 and succeeded to G’s property by its own consciousness K, Plaintiff, L, M, N,O, etc. on October 7, 201, and J succeeded to P, Q, R, etc.’s property.
[Ground of Recognition] Facts without dispute, Gap evidence 1-1-3, Gap evidence 2-1 through 4, Gap evidence 3-1-3, Gap evidence 4-1 through 4, Gap evidence 13, Gap evidence 14-1, 2, Gap evidence 15, Gap evidence 16, the purport of the whole pleadings, and the purport of the whole pleadings
2. The plaintiff's assertion that the real estate of this case is owned by E, the father of the plaintiff, and the defendant misleads the defendant to be owned by Japan, and completed the registration of ownership transfer based on the ownership transfer on the ground of the ownership attribution in the future of the defendant as of December 5, 2007. On August 9, 1945, the property in the name of Japan on the registry was acquired by the U.S. military administration under Article 2 of the U.S. military law, but became the property devolved to the government of the Republic of Korea under Article 5 of the first Agreement on Finance and Property concluded between the Government of the Republic of Korea and the
The Defendant, as the inheritor, is obligated to perform the procedure for registration of cancellation of ownership transfer registration to the Plaintiff, one of the co-owners of the instant real estate.
3. The key issue of the instant case is whether C, the owner of the instant real estate, is the same as E, the father of the instant real estate.
The whole pleadings shall be made on each entry of Gap evidence 2-2-4, Gap evidence 3-1.