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(영문) 서울동부지방법원 2019.05.31 2018가단128501
소유권말소등기
Text

1. Defendant B shall have jurisdiction over the Plaintiff with respect to the portion of 1/5 of the real estate listed in the attached list as to the Plaintiff’s share.

Reasons

1. Facts of recognition;

(a) The Land Survey Book drawn up during the Japanese Occupation Period is written by the F, which is located in E, with the area of approximately 669 square meters prior to D, Gyeonggi-do.

B. The above land became 2,212 square meters (the land indicated in the attached Form list; hereinafter “instant land”) in the Gyeonggi-do following the procedure of land category change, registration conversion, and area-unit conversion.

C. Defendant B completed the registration of ownership preservation on the instant land as the receipt No. 686 of February 8, 1979 by the Jung-gu District Court’s annual District Court registry office of the Republic of Korea on the instant land.

After July 26, 1984, the registration of ownership transfer was completed on the land of this case under the name of G, August 21, 1985, the name of H on September 23, 198, the name of I on September 23, 198, and the name of J on June 1, 1990.

The defendant, who is the son of J, completed the registration of ownership transfer on August 23, 2004 on the land of this case on the ground of inheritance due to a consultation and division dated June 7, 2004.

E. On July 21, 1950, K, the Plaintiff’s first spouse’s deceased M (which was adopted in 1932 and removed from the military register) and son N, O (the birth in 1922, the death in 1923), P (the birth in 1924, the death without descendants in 1929) and Q, and the second spouse’s deceased as the Plaintiff, the Plaintiff, T (the birth in 1938 and the death in 1938), U (the birth in 1943 and the death in 1943), and W.

F. On February 16, 2010, S (X) who is the captain of K is declared missing on the expiration of the period of disappearance on June 25, 195, Seoul Family Court Decision 2009Ra539 decided February 16, 201.

‘The above adjudication was affirmed after the adjudication.'

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances, i.e., whether K, the Plaintiff’s fleet, is a real name of the land in this case, and the overall purport of the pleading, are fully consistent with F indicated as a real name of the land in this case and the name of K, the Plaintiff’s fleet, and the Plaintiff’s fleet’s Chinese name.

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