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(영문) 대전지방법원논산지원 2014.03.20 2013가단389
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings with respect to Gap's testimony, Gap's evidence Nos. 2, 3, 5, 6, 7, 9, and 10, and witness D:

E was the head of a family with a permanent domicile in the F of the Chungcheongnam-Namng-gun.

E was married with G on February 9, 1906, but there was no consciousness between G and H, and the Plaintiff and I, who was his father, had been married with H.

E was adopted by J as children.

E died on August 14, 194, and G was a judgment of nullity of adoption against J on May 15, 1947, and G succeeded to Australia.

B. On December 21, 1917 with respect to C Forest land of 22,909 square meters (hereinafter “the previous forest of this case”) in Chungcheongnam-nam-gun, Chungcheongnam-do, the registration of preservation of ownership was completed in the future G as the receipt of the Daejeon District Court Registry No. 5442 on October 5, 1948, after the adoption invalidation judgment against J was made on February 16, 1945.

C. On September 1, 1956, G selected K as an ex post facto adoption of E, but on September 12, 1964, K was removed from the family register.

G died on November 8, 1966. D.

On December 16, 1994, K as its representative at the time from D, L, and M received a letter of guarantee from N on March 3, 1983 that K purchased the previous forest of this case, and on December 22, 1994, the Defendant issued a letter of confirmation that he actually purchased the previous forest of this case on March 3, 1983.

E. In accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”), the Defendant completed the registration of ownership transfer on the previous forest land of this case as the Daejeon District Court No. 14278, Jun. 22, 1995, received on June 22, 1995, pursuant to the Daejeon District Court Decision No. 14278, Mar. 3, 1983.

F. The previous forest land of this case is in this case on January 16, 2002.

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