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(영문) 춘천지방법원 2019.01.23 2018나50113
상속회복
Text

1. The primary claim that is changed in exchange in this Court and the conjunctive claim are all dismissed.

2. Action.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the written judgment of the court of first instance is used as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion

A. (1) The deceased, the South-North of the deceased, had already died before the deceased’s death and received inheritance of the real estate in this case as the deceased deceased’s deceased deceased on February 7, 1952. (2) The deceased deceased on February 7, 1952. The deceased deceased on December 9, 1951, and the deceased deceased on December 9, 1951, L, the South-North of the deceased’s deceased head of the deceasedJ, was inherited by inheritance on behalf of the deceased.

3) On April 8, 2015, L transferred the instant real estate to the Plaintiff, a Eastern, to the Plaintiff. 4) The Plaintiff seeks for the registration of transfer of ownership or the cancellation of each registration of preservation of ownership and transfer of ownership on the instant real estate based on the recovery of authentic title, by subrogationing L, a real owner of the instant real estate.

B. Preliminary Claim 1) At the time of the death of the deceased, who is the title holder of the circumstances of the instant real estate, the deceased had four children of the deceased, G, H, network D, and network I. However, the deceased G succeeded to the family, and the deceased G died without marriage. 2) If there is no heir to the deceased under the customary law of Korea, the deceased’s father, network D, and network I shared the inherited property and received inherited property each of 1/3 shares.

3) After that, as seen earlier, the deceased deceased by the deceased H, L, the south of the deceased J, and the Plaintiff transferred his right from L. 4) The Plaintiff seeks for the registration of transfer of ownership or the cancellation of each registration of transfer of ownership and each registration of transfer of ownership, which are based on the recovery of authentic title, by subrogationing the right to recover inheritance of L. 1/3 of the instant real estate.

A person shall be appointed.

3. The decision is the primary claim that has been changed in exchange for another court.

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