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(영문) 의정부지방법원 2013.09.13 2012가합71104
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 15, 1914, the person “F”, the domicile of which was “Macheon-gun” (hereinafter “Macheon-si” in the administrative district at the time, but without considering the change of the administrative district, was under respective circumstances regarding the real estate listed in the separate sheet Nos. 1,887 and the real estate listed in the separate sheet Nos. 3 (hereinafter “each of the above land”) (hereinafter “each of the above land”), and “G land” when referring only to the above G land.

B. On the other hand, the Plaintiff’s children, the Ministry of Foreign Affairs, Ha, Hanam I, the Ministry of Gender Equality and Family J, and Women K, and H, the Republic of Korea died on January 8, 1934, and H, the Republic of Korea, as the family heir, succeeded to F’s property as the family heir.

C. H married with L on March 10, 1935, and formed M (the death of January 31, 1936) and N as his child, and died on August 15, 1953.

The plaintiff is the son of JJ and the son of F.

E. On September 16, 2011, the Plaintiff filed a petition for adjudication on the disappearance of N on the Republic of Korea District Court Decision 201Mo1483, and on July 18, 2012, the Jung-gu District Court rendered a judgment that “N was missing and the period of disappearance expires on September 28, 1955, the Plaintiff shall be declared missing,” and the said judgment was finalized on August 8, 2012.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 5, 7 and 12 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is the same as F, an external assistant of the Plaintiff, and F, upon the death of F on January 8, 1934, succeeded to the inheritance of F, the head of Australia, the heir of Australia, and H, the wife of H, died on October 15, 1950 and died on August 15, 1953, and N, the wife of H, the wife of H, succeeded to each of the instant lands as Australia’s heir.

However, N was presumed to have died on September 28, 1955 due to the final and conclusive judgment of the adjudication of disappearance rendered by the Jung Government District Court No. 2011 was 1483, and there was no lineal ascendant, lineal descendant, and sibling of N at September 28, 1955, and the survival among collateral blood relatives within the fourth degree was the Plaintiff. Thus, each land of this case is the land of this case.

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