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1. The main part of the lawsuit in this case shall be dismissed.
2. The defendant's territorial branch of the Chuncheon District Court on August 6, 2003.
Reasons
1. Basic facts
A. The Plaintiff and B were born between C (Death of August 27, 1999) and D (Death of February 19, 198) and they were declared missing without unmarried children. B was declared missing without any child.
B. The Plaintiff and B deposited the instant real estate 1) on August 27, 1999 by adding up the land and buildings E and its ground (hereinafter referred to as “the instant real estate”) owned by C on August 27, 199.
(2) On December 19, 2001, the Funeral Dong shall complete the registration of the establishment of a neighboring mortgage of KRW 15,600,000 with respect to the instant real estate on December 19, 200.
3) On September 30, 2002, the Funeral Dong Saemaul Fund applied for a voluntary auction of the instant real estate to Chuncheon District Court’s Seocho BranchF on the basis of the foregoing collateral security, and rendered a voluntary auction decision on September 30, 2002. (4) When the instant real estate was sold on June 20, 203, the auction court opened a date of distribution on August 6, 2003, and tried to distribute KRW 26,429,589 out of the surplus surplus remaining after the proceeds of sale of the instant real estate distributed to B from the proceeds of sale to the creditors, but (26,446,967 won was deposited (hereinafter “the instant deposit”).
C. On March 23, 2007, the Plaintiff filed a petition for adjudication of disappearance with respect to B on November 16, 2007, as the early branch court of the Chuncheon District Court 2007-Ma49 on March 23, 2007, but the said petition was dismissed. 2) On February 24, 2015, the Plaintiff again filed a petition for adjudication of disappearance against B as the early branch court of the Chuncheon District Court 2015-Ma35 on February 24, 2015, and the said case was transferred to Jeju District Court 2015-Ma197, and on January 12, 2016, “B is missing and thus the period of disappearance has expired on July 31, 2009 (hereinafter “instant adjudication of disappearance”). At that time, the instant judgment was rendered.