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(영문) 서울중앙지방법원 2018.11.01 2018나46454
소유권보존및이전등기 말소청구
Text

1. Of the judgment of the court of first instance, the parts against the remaining Defendants other than Defendant B and E shall be modified as follows:

Reasons

1. Basic facts

A. According to the former Forestry Register (No. 1-1 and No. 2-1), the real estate listed in paragraph (1) of the attached Table No. 1 in the attached Table No. 1 is transferred to M on April 20, 1932 (No. 7 years in time) under the circumstances of the State (State) on February 29, 1919. The real estate listed in paragraph (2) of the attached Table No. 2 in the attached Table No. 1 is indicated as a transfer of ownership to M on April 20, 1932 (No. 7 years in time) under the circumstances of the State (State) on May 29, 1918.

However, according to the forestry register (Evidence No. 1-2 and No. 2-2) prepared after the completion, the real estate listed in the Attached List No. 1 in the attached Table No. 2-2 shall be indicated as being under the circumstances of M with the domicile in the Nuriri on May 29, 1918, and the real estate listed in the Attached List No. 2 in the Attached List No. 29 on May 29, 1918, and according to other forestry register No. 7-2, the real estate listed in the Attached List No. 1 in the Attached List No. 1 shall be indicated as a transfer of ownership to M with the domicile in the Nuriri on April 20,

B. The Plaintiff is a LA born on the U date in India.

C. K, the inheritee of the Defendants, filed a lawsuit against the Republic of Korea on the ground that it is the heir of M, who is the owner of each real estate listed in the separate sheet, filed a lawsuit seeking confirmation of the ownership of each real estate listed in the separate sheet with the Daejeon District Court (Seoul District Court Decision 2014Gadan2258 and the court 2014Gadan2845.

After completion of documentary evidence investigation and examination of witness during several dates of pleading, the above court decided to recommend reconciliation with the purport that each real estate listed in the separate sheet is owned by K, which became final and conclusive as it is.

E. During the instant lawsuit brought by the Plaintiff, the co-defendant C of the first instance court died, and Defendant F, G, H, I, and J took over the case of the deceased C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 8, 12 through 22, Eul evidence No. 1 (including branch numbers), the purport of the whole pleadings

2. Each real estate listed in the separate sheet of the Plaintiff’s assertion shall be indicated.

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