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(영문) 서울중앙지방법원 2020.06.24 2018가단5234194 (1)
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In the Land Survey Book drawn up during the Japanese Occupation Period, G (G, hereinafter “C,”) with the address in Yangju-gun F” (hereinafter “C,”) around 1913 entered the land Survey Book in Yangju-gun B, C, C, 889, D, 107, E, 2,909 (hereinafter “instant land”).

B. The Plaintiff’s fleet, Ha, married with I and J, K, Samnam L, Samnam L, Snam M, and Hanam N. However, L was deceased on October 16, 1919, M on March 22, 1923, and K on May 8, 1952.

C. J set up P and Q as children by marriage withO, and J died on April 15, 1937, and R on June 22, 1937, respectively.

C on September 30, 1941, and T, U, V, and W were born as his child, but V died on February 5, 1958.

E. Meanwhile, the Plaintiff’s fleet died on November 18, 1958, and Q succeeds to the status of Australia.

After that, the O died on October 17, 1985, and Qu also died on February 16, 1993.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, 7, 10, 11, and Eul evidence Nos. 6 (including each number), fact inquiry reply to the two main markets, and the purport of the whole pleadings

2. 원고의 주장 원고의 선대인 H은 1958. 11. 18. 사망하여 호주 상속에 수반하여 손녀인 Q이 그의 재산을 상속하였고, Q이 미혼으로 사망하여 절가(絶家)됨에 따라 그 재산을 최근친인 삼촌 N이 상속하였다.

On January 5, 2010, N died on January 5, 2010, and the plaintiff jointly inherited property, X, Y, and the plaintiff jointly inherited property. The co-inheritors held an agreement on the division of inherited property to have the real property in both cities owned by the plaintiff.

However, G, the assessment title of the assessment land of this case, is the same person as H of the plaintiff, and he acquired the ownership of each of the above real estate in the original condition. Thus, as part of the assessment land of this case, under the name of the defendant, who completed the land stated in the purport of the claim already restored.

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