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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
The following facts may be acknowledged in full view of the descriptions of Gap evidence 1-1 through Gap evidence 8-9 (including the provisional number) and the witness S's testimony and the purport of the whole pleadings.
In South-gu T-gu T-1 4 Mau T-4 Do was owned by the father of the plaintiff, and the registration of preservation of ownership was made in 1937.
(hereinafter referred to as “T forest land before division”). U resided in the port of port (Yil-gun) and died on July 25, 1945.
W is a family heir and a property heir, but W was killed in May 1957.
At the time, X was the second child of U, but X died on March 1958.
The registration of ownership transfer was made on December 28, 1967 under receipt No. 39841 on December 28, 1967 with respect to the forest land in T, which was registered in U, the fiveth degree of 5 U, for the forest land in C, which was registered before the division.
Before the partition, the Y 1 4 malle of Y1 forest was divided on July 15, 1971 (the area converted) and divided on September 18, 2007. The 3306 m206m2 of O forest was once again divided on November 1, 2007 into an O 829m2, P 91m2, Q 91m2, Q 95m2, and R 495m2 of forest.
(B) The Plaintiff, who was 3 South Korea under U’s common law, succeeded to the instant forest land prior to the partition in accordance with the principle of net wage under the former common law, due to the death of U,W, and X. In light of the above facts, the Plaintiff, who was 3 South Korea, succeeded to the instant forest land prior to the partition.
The Defendants asserted that the Plaintiff cannot inherit, notwithstanding the restoration of nationality, since the Plaintiff was unable to succeed to his/her family and inheritance due to the loss of nationality on October 1, 1949.
This assertion is a law of December 29, 1962, which provides for the loss of the nationality of Australia due to the commencement of the inheritance of Australia.