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(영문) 대전지방법원 2014.10.17 2014나5324
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

(a) E was the head of a family with a permanent domicile located in the F of the Chungcheongnam-gun of Chungcheongnam-Nam;

E married with G on February 9, 1906, and between H, not spouse, and between H, and I have been married.

E was adopted by J as children.

E died on August 14, 194, and G was a judgment of nullity of adoption against J on May 15, 1947, and G succeeded to Australia.

B. On December 21, 1917, the previous forest land of this case 22,909 square meters (hereinafter “the previous forest land of this case”) in the Chungcheongnam-gun, Chungcheongnam-nam-do was circumstances in the future E on December 21, 1917. After the death of E, the registration of preservation of ownership was completed in the future of G as the Daejeon District Court’s Branch Office of Registry of the Daejeon District Court No. 5442, Oct. 5, 1948, after the adoption invalidation judgment against the J was made by the judgment on the revocation of the adoption of Australia.

C. On September 1, 1956, G selected K as an ex post facto adoption of E, but on September 12, 1964, K was removed from the family register.

G died on November 8, 1966. D.

On December 16, 1994, K as its representative at the time from D, L, and M received a letter of guarantee from N on March 3, 1983 that K purchased the previous forest of this case (hereinafter “the letter of guarantee”), and on March 8, 1995, the Defendant issued a letter of confirmation that it actually purchased and owns the previous forest of this case on March 3, 1983.

E. In accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”), the Defendant completed the registration of ownership transfer on the previous forest land of this case as the Daejeon District Court No. 14278, Jun. 22, 1995, received on June 22, 1995, pursuant to the Daejeon District Court Decision No. 14278, Mar. 3, 1983.

F. On July 22, 2002, the previous forest of this case was divided into 48 square meters of the forest of this case and 00 square meters of the forest land of this case and 52 square meters of the forest land of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, 6, 7, 9, 10, and witness D of the first instance court.

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