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1. The defendant filed a lawsuit against the plaintiff on the real estate stated in the attached list for the restoration of the authentic name.
Reasons
1. Facts of recognition;
A. On September 14, 1959, the registration of preservation of ownership in the name of the defendant was completed on the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. The land cadastre of the instant real estate was 4 years (1915)
1. The registration of ownership preservation was completed on November 11, 1927 after the Joseon Unemployment Co., Ltd. received the status of shipbuilding unemployment on 25. 11. 12 years (1927) and the ownership was transferred to Dongyang-type Co., Ltd. on April 23, 1948 and the ownership was transferred to C on April 23, 1948. The former land cadastre was made under the Land Survey Order during the Japanese Occupation Period, and was later lost or destroyed, and was restored thereafter.
C. On March 2, 1979, C died, and thereafter, C filed the instant lawsuit against the Defendant by one of the co-inheritors, and upon the death of May 18, 2016, C, the co-inheritors, who took over the lawsuit by the Plaintiff, D, E, F, and G, and the remaining co-inheritors other than the Plaintiff, voluntarily withdrawn the lawsuit.
On the other hand, C’s co-inheritors (C’s husband and wife, who died on June 28, 2010, and died on June 28, 2010, agreed upon the division of inherited property with the purport that “P, Q, R, and S, who are the children of C, shall own the instant real estate, an inherited property, in inheritance commenced due to the death of C,” around April 2017. The above co-inheritors, including the Plaintiff, agreed upon the division of inherited property with the purport that “A shall own the instant real estate, an inherited property, in the inheritance commenced due to the death of A” around June 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 7, 10, and 11 (including paper numbers), and the court's fact-finding to the Young Cancer's Office, the purport of the whole pleadings
2. Determination
A. Article 2 of the former Land Conservation Regulations (Ordinance of the Ministry of Oceans and Fisheries No. 45 of April 25, 1914) regarding the transfer of ownership does not contain a notice of registration management.