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(영문) 창원지방법원진주지원 2017.12.15 2017가단32257
소유권확인
Text

1. The plaintiff's respective lawsuits against the defendant Republic of Korea, B, and C shall be dismissed in entirety.

2. The plaintiff's defendant D, E, F, G, H, and I.

Reasons

1. Basic facts

A. On November 5, 1914, J-si, J-si, J-si (hereinafter “instant land”) was assessed against K on November 5, 1914, and on the land cadastre ownership column, the ownership transfer took place between B and two persons on November 14, 1929. The owner’s column for the public land registry is written “B,” L, and C are written “B,” and is written “M” as the address of B, and no resident registration number is written.

B. The deceased L was dead on January 4, 1956, and at the time, the deceased N, as the head of the family, succeeded to the deceased N.

On June 3, 1992, the network N died, and at the time, the defendant D, E, F, G, I, and the network P, who is the spouse, was inherited.

The networkO died on November 27, 1993, and at the time the defendant D, E, F, G, I, and the network P succeeded to the child.

On June 25, 1999, the net P died, and Defendant H, a child at the time, succeeded to the inheritance.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1 through 3, Gap evidence 6-1, 2, and Gap evidence 8, and the purport of the whole pleadings

2. On November 14, 1929, the Plaintiff asserted that the Plaintiff purchased the instant land from K and held title trust with Defendant B, C, and the network L for convenience. Defendant D, E, F, G, H, and I inherited the network L. The Plaintiff terminated the title trust by delivery of a duplicate of the instant complaint. As such, the said Defendants are obliged to implement the procedures for the registration of ownership transfer for each share in the attached sheet out of the instant land. The Plaintiff’s right to claim for the registration of ownership transfer against the said Defendants is the preserved right, and the Plaintiff seeks confirmation of each share in the attached sheet against the Defendant Republic of Korea on behalf of the said Defendants.

3. Determination on Defendant Republic of Korea’s main defense

A. Defendant B and C had already died at the time of the instant lawsuit, as well as Defendant B and C’s personal information on the main defense of Defendant Republic of Korea ① did not specify the identity of Defendant B and C, and ② the instant land on November 14, 1929.

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