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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant’s real estate inheritance 1) was born between C date father D and her mother, and the birth report was born between D and her spouse F, who is his/her legal spouse. 2) D left the Defendant and E in Seoul on October 1940, and moved to China with her wife F and other children, and died at the same time with F and other children on October 15, 1945.
Accordingly, on October 15, 1945, the Defendant completed the registration of ownership transfer as to the real estate, etc. listed in the separate sheet (hereinafter “instant real estate”) by the Busan District Court Decision No. 1755 on April 6, 1950 due to the family inheritance.
B. On November 18, 1951, the defendant, after moving to Japan, was forced to contact with his relatives in the Republic of Korea. 2) The defendant filed a petition for adjudication of disappearance against the defendant with Seoul Family Court 2001-Ma4281 (Seoul Family Court). On August 7, 2002, the above court sentenced "the defendant was missing due to the expiration of the period of disappearance on June 30, 1955" on the ground that the plaintiff's life or death was unknown for more than five years after June 30, 1950.
C. On November 13, 2002, H and I entered into a sales contract with H and I on the premise that co-inheritors pursuant to the Defendant’s adjudication of disappearance on November 13, 2002 were J,K, L, M, H, H, N,O, P, Q, Q, Q, R, S, T, and U, and the above co-inheritors’s own or their agents are the parties themselves, K, L, L, M, H, H, N, andO’s own agents, and I entered into a sales contract with each of them as P, Q, R, S, T and U’s agents.
As a qualification, the Plaintiff entered into a sales contract to sell the instant real estate, etc. owned by the Defendant for KRW 4.45 billion (hereinafter “instant sales contract”).
In substance, the instant sales contract seems to have been concluded by H and its agents under the lead of V.
The plaintiff's notification of cancellation shall complete the inheritance registration of co-inheritors with respect to the real estate of this case to H on August 14, 2003, and all co-inheritors.