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(영문) 서울고등법원 2017.10.12 2016재나707

소유권이전등기

Text

1. The plaintiff (Plaintiff) shall be dismissed from making a request for retrial on the grounds of omitting judgment.

2. Of the judgment subject to a retrial.

Reasons

1. Facts of recognition;

A. The farmland distribution, etc. on the Idong land of this case 1) The land of approximately KRW 300,000 square meters, including J 416, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul (hereinafter “the land of this case Idong”).

(1) After the amendment of the Farmland Reform Act was promulgated on March 10, 1950, the land category on the register had continued to remain as farmland. After the farmland Reform Act was promulgated on March 10, 1950, the farmland distribution procedure was conducted for the land of this case, and the person who received farmland distribution from the Defendant was also paying part of the payment during the period from 1950 to 1952. However, around May 1953, the Ministry of National Defense asserted ownership on the ground that the land of this case was managed by the Army, and the land of this case was not repaid to the Defendant on the ground that the land of this case was used as a national land by the Army, the land of this case was not used as a military facility or military land, and the land category on the register had been cultivated as farmland by the original farmer. On September 1, 1961.

The Seoul Special Metropolitan City started the new construction of 1,200 units of public housing to remove the standard housing, 1,100 units of simple housing, and completed the construction completion occupancy on August 8, 1962 to 9, and created K, L, elementary school, M market, private housing site, etc. in the above Idong Unit.

B. On June 19, 1964, 85 members, including N and Network A, of farmers, including N and 85 members, filed a lawsuit against the defendant on June 19, 1964 to seek the implementation of the procedure for transfer registration of ownership on the ground of completion of reimbursement (the above court 64Do5133) by asserting that they were allocated 78,42 of the land of the I Dong to the Seoul Civil District Court (the first court 64Do5133).

On March 9, 1967, the Seoul Central District Court rendered a favorable judgment against the above plaintiffs.

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