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(영문) 수원지방법원 2016.03.24 2015나16399
소유권말소등기
Text

1. All appeals by the plaintiff (appointed party) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Since the Plaintiff appealed only against the Defendants, only the part concerning the Defendants in the judgment of the first instance was transferred to the court.

However, with respect to the real estate (AW before division), the real estate (AW after division), and the real estate (AX after division) in the attached list No. 13 of the attached Table No. 1 of the attached Table No. 2 of the Plaintiff’s net B (BK, BL, and BM), the Plaintiff withdrawn an appeal against the Defendant’s Republic of Korea regarding the real estate (AX after division) in the attached list No. 2 of the attached Table No. 13, which became final and conclusive.

Therefore, only the remaining parts of the Plaintiff’s claim against Defendant B (L, BL, and BM) and the Defendant’s claim against the Republic of Korea, excluding the withdrawal of the above appeal, and only the Plaintiff’s claim against Defendant F, G, and J, are subject to the judgment of this court.

2. Basic facts

A. On June 16, 201, the Plaintiff’s religious father, AH and her wife AU were declared missing on the ground that “the life or death was unknown for at least five years after August 31, 1950, and the period of disappearance expires on August 31, 1955” was declared missing.

On August 13, 2014, the Plaintiff’s conciliation division, was declared missing on the ground that “the life or death was unknown for at least five years after October 1950, and the period of disappearance expires on October 31, 1955,” in the Seoul Family Court (2013 Ma7565).

B. As a result of AH’s death as of August 31, 1955, the mother, a lineal ascendant, succeeded to AI. On August 15, 1959, the AI died and succeeded to the wife AK, AL, a child, and AM inherited by substitute. On January 22, 1983, AK died on the death of January 22, 1983, AL succeeded to AL, a child, AM, and the AL succeeded to AL on September 9, 2010.

C. Meanwhile, with respect to the above AH and AJ, the said AH and AJ decided on May 6, 2013 at the Plaintiff’s request to be the “North Korean abductees” at the Committee for Finding the Truth of the Damage from North Korea’s Madul and Restoration of Honor for the Victims of North Korea’s Madul. However, Nonparty AA’s request was determined as the North Korean abductees.

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