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(영문) 서울중앙지방법원 2013.09.30 2012가단345394
소유권이전등기 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. As to the registration of ownership transfer of Defendant D’s name in accordance with the former Act on Special Measures for the Registration, etc. of Ownership Transfer (Act No. 3562, hereinafter “Special Measures Act”), the registration of ownership transfer in the name of the Republic of Korea was completed on May 27, 1999, No. 30391, May 21, 1999, with respect to the registration of ownership transfer in the name of the Republic of Korea, which was based on the consultation on public land (hereinafter “instant real estate”) by the Suwon District Court, Sung-nam-gu Branching Gwangju District Court’s 2535, which was received on February 9, 1985.

B. The circumstances and purchase of the instant real estate, and inheritance relation (1) Nonparty F was under the circumstances of Nonparty F around 1911 (44 years old).

(2) Nonparty G, 1919, 1919 (Seoul 8 years)

9.7. The above F purchased the instant real estate from the F.

(3) The net G was 1940. around 1940 (Fire 15 years) Nonparty G’s networks H were adopted.

(4) The net G died in around 1941 (16 years), and the network H succeeded to Australia.

(5) The deceased on December 20, 1972, and the deceased on December 20, 1972, and the deceased on May 19, 199, the deceased on May 19, 199.

The share of the plaintiffs' inheritance due to the death of the deceased H and the network I is 3/6 for the plaintiff A, 2/6 for the plaintiff B, and 1/6 for the plaintiff C.

C. Nonparty J was born in 1904 (No. 8 years of mine duty) as a deceased G’s father’s father, and went out in 1924 (No. 13 years of Taiwan).

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 4, and 6 (including each number), the purport of the whole pleadings

2. Determination on this safety defense

A. Defendant D’s assertion is a lawsuit claiming inheritance recovery in nature, and the plaintiffs’ right to inheritance was infringed on, on the ground that the plaintiffs are true successors of G, against the defendants who acquired the ownership of the real estate of this case from the reference heir on the ground that they were the real successors of G.

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