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(영문) 서울고등법원 2018.11.08 2018재나398

소유권이전등기

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Basic facts

A. The deceased et al.’s civil action and winning 1) The land of approximately KRW 300,000,000,000 (hereinafter “the G-dong land of this case”) including the 4.16 square meters in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “the G-dong land”).

(1) After the date of the Japanese colonial era from May 1953, 195, the Japanese colonial era was enforced by Japan, and the registration was completed in the name of the State State (U.S.) around 1942 to 1943. Since then, the land in the Gdong was not used as a military facility or military land, was cultivated as farmland by its original cultivator, and the land category on the register continued to remain as a rice paddy field. On March 10, 1950, the Farmland Reform Act was amended and promulgated, and the farmland distribution procedure was conducted for the land in the Gdong region in the instant case, and the farmland distribution procedure was conducted for the person who received farmland distribution from the Defendant to 1952. However, from around May 1953, the Ministry of National Defense asserted the ownership of the land in the Gdong zone in the instant case on the ground that it was a State-owned land managed by the Army, the Defendant did not receive any reimbursement, and the land was partially repaid to the Plaintiffs including the Deceased and the Defendant (hereinafter “Defendant 4635”).

On February 8, 1967, the above court rendered a favorable judgment against the plaintiffs of 34 persons, including the deceased, and rendered a judgment against the plaintiffs of 9 persons, including H, among the plaintiffs of 65da5470 case on February 8, 1967. On December 8, 1967, the judgment dismissing the defendant's appeal on December 8, 1967, and citing six appeals including H, etc.

The defendant appealed against this and the appeal was dismissed on March 19, 1968.

(Supreme Court 68Da106). B.

The Seoul District Public Prosecutor's Office's investigation and prosecution of farmers, etc. who are filing civil lawsuits shall be March 23, 1968.

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