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(영문) 서울고등법원 2016.07.15 2014나2028150

소유권보존등기말소 등

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1. All of the lawsuits of this case that are changed in exchange at the trial of the political party shall be dismissed;

2. The Plaintiff’s total costs of litigation.

Reasons

1. The following facts are acknowledged as either of the parties to the dispute, or as a whole by considering Gap evidence Nos. 1 to 10 (including, in the case of serial number), Eul evidence No. 1 and the purport of the whole arguments.

A. From 1950 to 1954, C, the father of the Plaintiff, was distributed from the co-defendant of the first instance trial to the Republic of Korea in accordance with the farmland distribution procedure of the former Farmland Reform Act (amended by Act No. 4817, Dec. 22, 1994; hereinafter the same shall apply) (the farmland distribution procedure of Article 2 subparagraph 1 of the Addenda to the Farmland Act, Act No. 4817, Dec. 2, 1994) and the E 135 square meters (the land was 446 square meters in size converted into the area after conversion) (hereinafter the above land). At that time, C, the co-defendant of the first instance trial and the co-defendant of the first instance trial, paid in full the amount of the distributed farmland repayment for the land prior to the division, to the co-defendant of the Republic of Korea.

B. The co-defendants of the first instance court among the Dos, for which C did not register the ownership transfer of the land prior to the instant partition, the Republic of Korea completed each registration of ownership transfer in the name of co-defendants of the first instance court and the Republic of Korea as the Government Branch Office of Seoul District Court No. 1204 on November 24, 1961.

C. The Plaintiff’s mother died in around 1953, and C was missing on March 10, 1969 and the life or death period of March 10, 1969 expired, and the government branch of the Seoul District Court declared missing on March 11, 1969. The Plaintiff is the sole heir of C.

Of the land before the instant partition, D 704 square meters was divided into each land listed in paragraphs 1 and 2 of the attached Table Nos. 1 and 2 on May 9, 2003, and E 446 square meters was divided into each land listed in paragraphs 3 and 4 of the attached Table Nos. 3 and 4 on the same day.

(hereinafter referred to as the above, each of the partitioned lands is “each of the instant lands”). E

The defendant shall be entitled to Article 33 of the former Housing Construction Promotion Act (amended by Act No. 6916, May 29, 2003; hereinafter the same shall apply) and Article 33 of the former Housing Construction Promotion Act (amended by Act No. 6916, May 29, 2003).