(영문) 전주지방법원 2015.01.29 2014가단15271

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(영문) 전주지방법원 2015.01.29 2014가단15271

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The deceased C, who is the deceased of the plaintiffs, was distributed 44 of the land of this case and the 444th and 98th before E prior to the Seoul Special Self-Governing Province D, and completed the repayment to the defendant from October 30, 1948 to October 30, 1956. As such, the defendant should implement the registration procedure for transfer of ownership on the ground of the completion of the repayment on October 30, 1956 with respect to each of the shares of inheritance of the land of this case to the deceased's heir C.

2. According to the results of the fact-finding by Gap's evidence No. 1 (Restatement) and the fact-finding by the President of the National Archives of this Court, it is not stated that the defendant's statement is one of the Ffold-gun in North

G with his address is recognized that the G has received a distribution of the land claimed by the Plaintiff.

However, according to the statement of Gap's evidence Nos. 2 (No. 2), Eul, the plaintiffs' headquarters, has its permanent domicile in the He of the Jeonbuk-gun, and its Chinese name is C.

According to the above facts, G and C, which are listed in the repayment ledger, are different names from each other. Thus, the mere fact that the domicile and the legal domicile up to the location of "ri" are the same and that the name is the same as that of the repayment ledger and the plaintiffs' referring cannot be readily concluded as the same person, and there is no evidence to acknowledge that the plaintiffs' referring was distributed each of the lands of this case.

Even if it is the same person as the beneficiary of the repayment ledger and the plaintiffs' 's 's 's 's 's 's 's 's 's '', it is difficult for G to

① According to the Plaintiffs’ assertion, the Plaintiffs continued to cultivate each of the instant lands for a period of several hundred and twenty years from the time of early birth. It is reasonable to have known the completion of the redemption of the network and cultivated each of the instant lands by borrowing them from the Korea Asset Management Corporation

However, at the time of the death of February 18, 1980 (Evidence A2) around 72 years of age, Plaintiff A is 38 years of age.

유사 판례

-대법원 1975. 9. 23. 선고 74다1668 판결

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