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(영문) 서울남부지방법원 2016.09.29 2015가합7351
공탁금출급청구권자확인
Text

1. The Plaintiff and the Defendants indicated in the separate sheet “party” column of the same list.

Reasons

1. Basic facts

A. On November 18, 1951, the Plaintiff, a child of the network B, has moved to Japan on November 18, 1951, and the contact with the relatives residing in the Republic of Korea was interrupted. 2) Nonparty C (A children of the network B) filed a petition with the Seoul Family Court for adjudication of disappearance against the Plaintiff on July 13, 2001.

On August 7, 2002, the above court sentenced the plaintiff to the disappearance on August 7, 2002 due to the expiration of the period of disappearance (Seoul Family Court Decision 2001Hu4281, hereinafter “instant adjudication of disappearance”), and the plaintiff was deemed to have died on June 30, 195, which is the expiration date of the period of disappearance.

3) On December 15, 2008, the Plaintiff filed with the Seoul Family Court for a trial seeking the revocation of the adjudication of disappearance of this case, and the above court revoked the adjudication of disappearance of this case on October 9, 2009 (Seoul Family Court 2008 Mana 11614). Although C appealed against the above adjudication of revocation, the appellate court dismissed it (Seoul Family Court 2010B8), and thereafter, the said adjudication of revocation became final and conclusive on November 18, 201 (Supreme Court 201SS 155) (the legal relationship before the adjudication of disappearance of this case), the Plaintiff’s real estate (hereinafter “each real estate of this case”) listed in the separate sheet 3 attached hereto, on April 6, 1950.

(B) On October 15, 1945, the network E completed the registration of transfer of ownership based on the family inheritance.) On May 4, 1993, with respect to the land of paragraphs 4 and 5 among each of the instant real estate, it completed the provisional disposition registration around that time after receiving the decision of the Incheon District Court 93Kahap1106 to prohibit disposal.

In addition, on April 9, 1997, Defendant White Construction Co., Ltd. received a provisional disposition order with the Incheon District Court 97Kahap1695 on each real estate of this case, and completed the provisional disposition registration at that time.

2) When the Plaintiff deemed to have died by the adjudication of disappearance of this case, part of the deceased B and the deceased F (the deceased’s legal spouse) are relatives.

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