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(영문) 대전지방법원 논산지원 2018.05.31 2017가단2185
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 8, 1921, E, who owned a number of real estate, such as inheritance relation, 1) Cri, Dri's mountain and dry field, was married with F on April 8, 1921, and came to have L, H, I, and J as his child, and died separately from K on March 22, 1945. The Defendant was JJ's child, M was missing on September 31, 1950 with no spouse and child, and M was declared missing on September 9, 1955.

Accordingly, Article 12 (2) of the Addenda of the Civil Code (amended by Act No. 4199 of January 13, 1990) and Article 100 (1) 2 of the Civil Code have become a lineal ascendant who inherited L's property independently.

K died on January 24, 200, and M, his/her dependent, inherited his/her own property, but died on May 23, 2016.

3) The Plaintiff filed an appeal for the division of inherited property against N,O, P, and Q with Seoul Family Court 2016Dhap139, and on June 15, 2017, the decision of recommending reconciliation was finalized on June 15, 2017 with the purport that the Plaintiff is to solely inherit M’s inherited property. (B) The details of the registration of transfer of ownership were completed on March 12, 1937 or March 25, 1938 with respect to L, which was born in March 12, 1937 or on March 25, 1938 (hereinafter “each of the instant real property”).

2) On October 23, 2007, the Defendant completed the registration of ownership transfer based on the donation on May 20, 1960, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, effective) with respect to 1/2 shares of each of the instant real estate ( Of them, the registration of ownership transfer completed under the Defendant’s name (hereinafter “the registration of ownership transfer”)

(i) [Facts without dispute over the grounds for recognition, entries in Gap 1 through 7, the purport of the whole pleadings;

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion is based on K and M, the property of L, including each of the instant real estate.

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