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(영문) 전주지방법원 남원지원 2018.01.31 2016가단11302
소유권확인
Text

1. Defendant Republic of Korea shall have the Jeonju District Court with respect to Defendant B, C, D, E, F, G, H, and I with respect to the J 426 square meters in Jeonbuk-gun.

Reasons

1. Basic facts

A. On November 22, 2017, the Plaintiff, as the wife of the network K, is one of the parties to the agreement on the division of L, M, N,O, P, Q, R, and inherited property, which is another heir of the network K, and the Plaintiff is the one of the parties to the agreement on the division of inheritance (hereinafter “instant land”).

(2) Defendant B, C, D, E, F, G, H, and I are the successors of the network S.

B. On May 2, 1941, the registration of ownership transfer under the name of “T” was completed as of May 2, 1941 by the Jeonju District Court head registration office received on the instant land. (2) The Defendant Republic of Korea determined the said T as a Japanese citizen and completed the registration of ownership transfer under the Act on the Management of Property Belonging to the Republic of Korea on September 11, 1948, on the ground that the instant land belongs to the Defendant Republic of Korea on September 29, 2006, by the receipt of the same registry office on May 29, 2006.

[Reasons for Recognition] ① Defendant Republic of Korea, B, I: The absence of dispute (limited to the Defendant’s Republic of Korea), Gap evidence Nos. 1, 4, 6, 7, 13 through 22, each entry, the whole purport of the pleadings, and the purport of the whole pleadings, and ② Defendant C, D, E, F, G, and H: Confession (Article 208(3)2 of the Civil Procedure Act)

2. Determination on the claim against Defendant Republic of Korea

A. The summary of the Plaintiff’s assertion 1) The “T” registered as the original owner of the instant land is not a Japanese citizen, but a Korean passenger, and on May 13, 1942, the network S sold the instant land to the Dong K, who is the Plaintiff’s husband. However, the Defendant Republic of Korea completed the registration of ownership transfer of the instant land on the ground that the said “T” falls under the Japanese citizen. However, as long as the Plaintiff solely inherited the right to claim the registration of ownership transfer of the instant land on behalf of the deceased S, the Defendant Republic of Korea is obligated to implement the procedure for the registration of cancellation of the above ownership transfer, as long as the Plaintiff, who solely succeeded to the right to claim the registration of ownership transfer of the instant land, is seeking the cancellation of the said registration

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