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(영문) 서울중앙지방법원 2015.04.07 2014가단5254701
소유권말소등기
Text

1. The defendant shall be the plaintiff.

(a) with respect to the real estate listed in paragraph 1 of the Schedule, the District Court of Sucheon Branch of the District Court.

Reasons

1. Basic facts

A. In the Forest Survey Division prepared under the Forestry Survey Ordinance during the Japanese Occupation Period, it is written that B (B) was under the assessment of 3,200 woodlands (960 square meters, 3,173 square meters, hereinafter “the land before the instant subdivision”).

B. The land before the instant partition was partitioned into the real estate indicated in the separate sheet No. 1 and 2 (hereinafter “instant real estate”) following the procedures for partition and registration conversion.

C. The Plaintiff’s fleet B (B) died on April 22, 1941, and upon the death of the Plaintiff, E, son, was solely inherited.

E was declared missing on September 29, 2012 (the expiry of the period of disappearance on December 31, 1955), and wife F, G, H, I, and J, who are the first heir of E, were declared missing on September 29, 2012 (the expiration of the period of disappearance on December 31, 1955), and J died on April 12, 1945.

On the other hand, E's second heir's mother LC is currently dead.

In light of the fact that the birth year of E’s mother-friendly L is not clear, but that of the children, E appears to have been born before 1890, it is reasonable to view that LC died before the instant filing.

The E-third heir M and N exist, and M and its wifeO, and P were declared missing on September 29, 2012 (the expiry of the missing period on December 31, 1955), N also died on March 12, 2010 and jointly succeeded to Q, Person R, Q, R, and the Plaintiff jointly succeeded on September 3, 201.

The defendant completed the registration of preservation of ownership on the real estate in the attached list No. 3135 of receipt on April 6, 1995 by the Jung-gu District Court's annual District Court's Office of Registry No. 8684 on August 13, 1996 and by the attached list No. 3135 on the real estate in the attached list No. 2. 2.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 8, fact inquiry results of this court's fact inquiry, purport of whole pleadings

2. Determination

A. Whether the personal identity and the plaintiff are the same person.

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