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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order shall be revoked.
Reasons
1. Determination on the cause of the claim
A. The facts of recognition (1) out of each land listed in the separate sheet Nos. 1 through 16 (hereinafter referred to as “each land of this case,” and each land of this case is indicated in the same manner as “the land No. 1” in the sequences No. 1) as indicated in the separate sheet No. 1 through 16 (hereinafter referred to as “the land of this case”), the land of this case was indicated on March 23, 1948; the land of this case No. 7 was registered on March 3, 1948; and the land of this case No. 13 and 16 on April 19, 1948 under the Plaintiff’s father B’s name.
(2) B was missing after September 1950, and was decided on June 1, 2010 by Daejeon District Court 2009B38, Sept. 30, 1955 that the period of disappearance has expired and declared the disappearance. The above decision of adjudication of disappearance became final and conclusive on July 13, 2010.
(3) At the time of the expiration of the above period of disappearance, the mother T (B's death on January 29, 197) and her wife U (B on February 5, 1960), but the divorce was finally invalidated on July 14, 201, and died on July 26, 1990) and the Plaintiff was a her father.
(4) Meanwhile, on November 30, 1965, the registration of transfer of ownership between C and B was made in the name of November 30, 1965 between C and B on September 4, 1963; and on December 16, 1965, the registration of transfer of ownership was made in the name of the defendant C and the defendant on December 16, 1965.
Since the Defendant occupied the land No. 1 in the instant case on November 1, 1951, the Defendant has used it as the site of the Seosan Army Training Center until now.
(5) With respect to the land of this case Nos. 2 through 7, the registration of ownership transfer was made on June 16, 1964 between D and B in the name of D on September 12, 1964.
Among them, with respect to the land Nos. 2, 3, 4, and 7 of this case, the ownership transfer registration was made on April 14, 1967 in the name of E, and in the name of F on December 28, 1972 in the name of F on December 28, 197, and the ownership transfer registration was made on November 21, 1973 between F and the Defendant.
In addition, land Nos. 5 and 6 of this case shall be registered in the name of April 14, 1967.