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(영문) 울산지방법원 2015.08.12 2014나10281
소유권말소등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The following facts are either in dispute between the parties or in full view of the purport of the entire pleadings in each entry of evidence Nos. 1 to 6-3, 18, 19, 6 and 7, and evidence No. 1 to 6-3, 18, 19, 6 and 7.

Each real estate of this case was originally owned D. Among them, the ownership transfer registration based on sale on July 15, 1954 under the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 211, effective; hereinafter the Forest Special Measures Act) was made on January 20, 1970 for the real estate of this case, and the ownership transfer registration based on sale on July 15, 1954 for the real estate of this case 2 and 3 real estate of this case was made on January 11, 1980 in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, effective, hereinafter the Act on Special Measures for Real Estate) on January 20, 1970 for the transfer of ownership based on sale on June 14, 1993.

B. D was arrested in G on November 28, 1946 and was sentenced to imprisonment for life on November 28, 1946, and the death or death was unknown after the outbreak of 625 war. It was revealed that it was grossly killed on July 3, 1953 by the decision of the Committee on the Settlement of Korean History for Truth and Reconciliation.

C. D was the head of Australia at the time of the death, and its bereaved family members were the head of the household, and there was only the Plaintiff, L, M, N,O, etc., who was the mother, the wife, K, his wife, and his wife, and there was no male who had to inherit the head of family.

Plaintiff

B is a grandchild of L, and L died around 1982.

2. The defendant's decision on this safety defense is a lawsuit for recovery of inheritance under Article 999 of the Civil Code, where the plaintiffs filed against the defendant the cancellation of the above transfer registration of ownership as to each of the real estate of this case and the above transfer of ownership under the name of the defendant. Ten years have passed since the infringement of inheritance rights.

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