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(영문) 대구지방법원 2016.12.07 2016가단16129
소유권이전등기말소
Text

1. The defendant shall be the plaintiff.

A. As to the real estate in paragraph 1 of the annexed list, Daegu District Court Cheongdo Office of Registry of Cheongdo.

Reasons

1. The registration of transfer of ownership was completed on February 7, 1941 as the receipt of No. 820 on February 17, 1941 by the Daegu District Court, Cheongdo Office, Cheongdo Office, and Cheongdo Office of the Do Office of the Do on February 17, 1941 with respect to the real estate No. 1 and 2 listed in the separate list of the basic facts (hereinafter “each of the instant real estate”). As to the real estate No. 1, the ownership transfer was completed on August 16, 1998 under the receipt of No. 11148 on August 20, 198 by the same registry office on August 20, 198; as to the real estate No. 2, the ownership transfer registration was completed on September 29, 1948.

The plaintiff's evidence D changed the sexual weather into E during the Japanese occupation period.

The plaintiff's father F died on January 9, 1972, and the plaintiff succeeded the deceased F's inherited property to 6/9 ratio.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers if there are branch numbers), the purport of whole pleadings

2. Determination as to the cause of action

A. First, in light of the following circumstances, as to whether B, the former owner of each of the instant real estate, is the same person as the Plaintiff’s deniedF, the facts as seen earlier, and the fact-finding results of the fact-finding inquiry and the purport of the entire pleadings of G Eup by the court, namely, ① the Plaintiff’s evidence-finding D changed his sexual intercourse into E during the Japanese occupation period, ② the registration of B’s domicile, and ② “H”, the administrative district of the same administrative district as “Cheongdo-gun C,” which is the domicile of B, is recognized as the same person as the Plaintiff’s deniedF and the same person.

B. Whether the real estate owner is missing and thus his/her life or death is unknown;

Even if he dies and there is no inheritor, it is proved that he does not have any inheritor, or it is stipulated in Articles 1053 through 1058 of the Civil Act.

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