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(영문) 대전지방법원 논산지원 2018.05.31 2017가단22240
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, and Dri, was married with F on April 8, 1921, and entered K, H, I, I, and the Plaintiff as children, and died from J on March 22, 1945. L was missing on September 1950 with Defendant, M, N,O, and P as children. 2) K was missing in the state of having no spouse and children, and was declared missing on July 31, 2008 by the Daejeon District Court Branch of Daejeon District Court Decision 2007Ma91, and was declared bankrupt on September 9, 195.

Accordingly, Article 12(2) of the Korean Civil Code(amended by Act No. 4199 of January 13, 1990) and Article 100(1)2 of the Korean Civil Code(amended by Act No. 4199 of January 13, 199) have succeeded to K's property solely as a lineal ascendant.

The J died on January 24, 200, and on January 24, 200, L, a son, solely inherited the property of the J, but died on May 23, 2016.

3) The Defendant filed an appeal for the division of inherited property with M, N,O, and P as Seoul Family Court Decision 2016Dhap139, and on June 15, 2017, the decision of recommending settlement was finalized with the purport that the Defendant is to solely inherit L’s inherited property. (B) E completes the registration of ownership transfer on September 10, 1924 as to the real property listed in attached Table No. 1 of the List.

2) On May 25, 1934, G (the first name: Q) as the head, completed the registration of ownership transfer based on the family inheritance on the real estate listed in [Attachment List Nos. 2 and 3] on May 25, 193. 3) Defendant and R completed the registration of ownership transfer based on the family inheritance on October 23, 2007 as to 1/2 shares of each real estate listed in the Attached List (hereinafter “each real estate of this case”) under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, effective).

(G) Among them, the registration of ownership transfer completed in the name of the defendant (hereinafter referred to as "registration of ownership transfer of this case"). 【No dispute exists, entry in Gap 1 through 7, and pleadings are made.

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