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(영문) 서울중앙지방법원 2014.08.26 2013가합510338
소유권말소등기
Text

1. The Plaintiff, Daegu C, C, the Republic of Korea, D, and the Plaintiff’s Daegu Franchisium Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff acquired the Plaintiff’s real estate (1). The Plaintiff was born between the deceased father’s deceased M and N. The Plaintiff was born between the deceased M and the deceased’s deceased’s spouse under his law. The Plaintiff, at the time of the birth report, had been named “P” but was named as “A” on March 19, 1945. (2) On October 15, 1945, the Plaintiff moved to China around 1940, but died at the same time as on October 15, 1945, and the Plaintiff was solely inherited each real estate listed in [Attachment 1] List of Real Estate owned by the deceased M.

Accordingly, the registration of transfer of ownership was completed on October 15, 1945 in the name of the plaintiff with respect to each of the above real estate in the name of the plaintiff.

In addition, the plaintiff's administrator Q completed registration of preservation of ownership in the name of the plaintiff on October 25, 1997 as to the real estate stated in Paragraph 22 of the same list.

(hereinafter referred to as “each of the instant real estates” in combination with the foregoing real estates

On November 18, 1951, the Plaintiff moved to Japan, and entered into contact with the relatives of the Republic of Korea. The Plaintiff filed a petition for adjudication of disappearance with the Plaintiff as Seoul Family Court Decision 2001Ra4281 on August 7, 2002, and the above court rendered a judgment of disappearance on June 30, 1955, on the following grounds: (a) the relatives of the deceased and the deceasedO including S, who were their relatives, claiming their successors to be their successors, and completed the registration of ownership transfer due to the completion of the period of disappearance on June 30, 1955 by the Kim Jong-dong Branch Office of the Incheon District Court No. 1954 on January 15, 204, as the case No. 1954 on June 30, 205.

(hereinafter “this case’s transfer registration”). On November 29, 2007, with respect to the above registration, an additional registration of change of ownership was completed to correct part of co-owners and shares on the ground of error in the application.

3. Since then, each of the instant cases.

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