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(영문) 서울고등법원 2009.10.15 2009나40174
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The defendant is on July 1, 2008 with respect to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. The following facts can be acknowledged in light of the following facts: Gap evidence Nos. 1 to 30, evidence Nos. 36 to 40, evidence No. 45 to 51, evidence No. 55, evidence No. 57 to 60, evidence No. 63 to 5, Eul evidence No. 5, evidence No. 65, evidence No. 63 to 65, evidence No. 6, Byung No. 19, 20, evidence No. 25, and video No. 26, evidence No. 19, evidence No. 25, and witness No. 1 to AS of the first instance trial and the whole purport of the pleadings as a whole; contrary to this, Eul evidence No. 11, evidence No. 12-1 to 9 of the witness No. 12, witness No. 63 to 65, evidence No. 25, and evidence No. 1 of the first instance trial cannot be proven otherwise unless it is contrary to the trust.

D The Republic of Korea, South, North F, South, 3 South H, 4 South, and 5 South Ha, and the 4 South Ha established J and K, while the Plaintiff A's clan (hereinafter the Plaintiff clan) was a clan that made the above 15th Ha and the above 15th 4 South Ha, and the Defendant was a eight-year lineal descendant of H.

B. L land (hereinafter referred to as “each of the instant land” in the attached list, and it is specified only by each lot number. L land was divided into S land, T land, and U land on December 8, 1973, and L is specified as “pro rata”; M land, N land, and O land were the owner R, related P (the Defendant’s attachment) according to the land conditions under the Japanese colonial rule around 1920; Q land was the owner under the above land conditions; Q was the restoration registration was completed on June 29, 1953; M land and Q land was completed on June 29, 1953; and P land was registered for recovery in the Defendant’s future on June 29, 1981; and P land was registered for preservation of ownership under the former Act on Special Measures for the Transfer of Real Estate Ownership on January 15, 1983.

C. From the beginning of 1946 P and the Defendant’s children, up to the time of moving into AU, the AV, the representative of the Plaintiff clan, was within October 11 of each year and managed the memorial affairs of D, H, and J. D. From 1947 to 1952.

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