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(영문) 수원지방법원 2015.08.25 2015가단116120
소유권보존등기말소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Although the Defendant’s defense as to the previous defense on the merits was inherited jointly with the Defendant, etc. by the deceased D (Death on June 25, 1969), the Defendant, without the agreement on division of property, voluntarily completed the preservation of ownership as to the entire land of this case under the Defendant’s sole name without the agreement on the preservation of ownership, and thus, sought cancellation of the above preservation of ownership, the Defendant asserted that the above preservation of ownership was null and void. Since the Plaintiff’s claim of this case was 10 years from the date when the act was committed as a claim for recovery of inheritance, the instant lawsuit is unlawful

Judgment

Comprehensively taking account of the overall purport of the arguments in Gap evidence 1, 3, evidence 2, and evidence 1, 4-1, 2-1, and 2, the following was revealed: ① the fact that the deceased E received the assessment of the land of this case; ② the deceased on October 11, 1958; ② the deceased and the deceased D, who is the head of South and North Korea and the family heir; ③ the deceased and four women of G, HH, I, J, and 1 South and North Korea were the wife and children; ③ the deceased and the father of the plaintiff were determined by the adjudication of disappearance on May 29, 1969.

7. The facts that the deceased on June 27, 196, ④ the deceased on June 23, 1969 adopted the defendant who is the south of the East L, and the death on June 25, 196, and ⑤ the fact that the registration of preservation of ownership in the name of the defendant was completed on June 20, 197 in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 2111).

In full view of the above facts of recognition and the overall purport of the evidence and arguments, the following circumstances, namely, the Plaintiff’s father G died and the Plaintiff’s father G is a co-inheritors with the right to inherited property of G. Since the Defendant entered the deceased D’s adopted adoption, it is almost rarely having inherited property after the Defendant entered the deceased D’s adopted adoption.

In light of the fact that the plaintiff's wife was expected to take account of the situation, and that the plaintiff filed a lawsuit, the right to share in the land of this case is ultimately inherited.

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