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(영문) 서울중앙지방법원 2015.05.15 2014가합551343
소유권보존등기말소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On November 20, 1913, “F (F)” located in the same Ri (hereinafter “instant assessment land”) was registered in the Land Survey Division as the land survey name.

The assessment land of this case is then divided into G through H land (hereinafter referred to as “numbered land”), and among them, each land listed in the separate sheet in the separate sheet (hereinafter referred to as “each land of this case”) through the conversion of the area unit, the change of administrative jurisdiction, etc., among which G, I, J, K, K, L, L, M, and H land became one of the land in this case.

B. The registration of preservation of ownership and transfer of ownership of each of the instant land has been completed in the name of the Republic of Korea between May 8, 1959 and October 28, 1994, as stated in the purport of the purport of the claim, and each of the instant registration of ownership transfer has been completed in the name of the Republic of Korea between May 8, 1959 and October 28, 1994. Accordingly, as to G land, under the name of Defendant B on June 3, 2014 through N, for land I, under the name of Defendant C on May 3, 1983, for land C, and as to O land under the name of Defendant D on September 9, 1971, each of the instant registration of ownership transfer was completed.

C. On September 20, 1963, the Plaintiff’s father, the deceased’s father (F; hereinafter “the deceased”), whose legal domicile is in the deceased F’s inheritance-related sports P, died on September 20, 1963. As the deceased’s wife Qu, the deceased’s wife, died on February 10, 1984, the deceased’s property was eventually jointly inherited by the Plaintiff and R, who are their children. On July 7, 2014, the Plaintiff solely succeeded to each of the instant lands by means of an agreement on inheritance and division between R and the inheritance.

[Ground of recognition] Facts without dispute, Gap 1 through 9 evidence, Eul 5, 6 evidence, Eul 1 and 2 evidence (including additional evidence number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. Each description of Gap 1 and 8 evidence as to the identity of the title holder of the situation and the deceased, and the fact-finding results of this court's inquiry as to the South-North Korean viewer.

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