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(영문) 서울고등법원 2018.11.20 2018재나374

소유권이전등기

Text

1. The part concerning the deceased A (F) among the original decision subject to a review is revoked, and constitutes the revocation part.

Reasons

Facts of recognition

The land of approximately 30,00 square meters (hereinafter “instant H-party land”) including the distribution of farmland to H-party land in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul and about 4.16,00 square meters (hereinafter “the instant land”). However, during the Japanese occupation occupation period, the registration of the name of the State-owned land was completed from around 1942 to 1943.

Nevertheless, the H Il land of this case was not used as a military facility or military land, and its original cultivator continued to cultivate it as farmland.

After the Farmland Reform Act was promulgated on March 10, 1950 and promulgated on March 10, 1950, farmland distribution procedures were conducted with respect to the land of this case H, and those who received farmland distribution have paid part of the repaid rice from 1950 to 1952.

However, since May 1953, the Ministry of National Defense asserted ownership on the ground that the land of this case was the state-owned land managed by the Army, and the defendant did not receive any more repayment rice.

As part of the industry promotion and refugee settlement relief project on September 1, 1961, the defendant transferred the H-Japanese land management right from the Ministry of National Defense to the Ministry of National Defense, and had the Seoul Metropolitan Government create an I Complex.

In August 1961, Seoul Special Metropolitan City started the new construction of 1,200 public housing units for the removal of the standard book, 1,100 simple housing units, from August 1962 to September 1962, the completion and relocation of the public housing units was completed. In addition, the J facilities, K elementary schools, L market, and private housing sites were created.

The Deceased’s filing of a lawsuit and the Deceased’s winning of the lawsuit filed a lawsuit against the Defendant seeking the implementation of the procedure for ownership transfer registration based on the completion of reimbursement of the instant land by Seoul Civil District Court 64A5133.

Accordingly, the Seoul Central District Court rendered a judgment citing the claim of the deceased (hereinafter “the first instance judgment”), and the Seoul High Court (67Na1001), the appellate court, rendered a judgment dismissing the defendant’s appeal on February 9, 1968, and hereinafter “the case.”

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