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(영문) 서울중앙지방법원 2013.10.10 2012가합4508

소유권이전등기말소 등

Text

1. Defendant Republic of Korea has the Suwon District Court with respect to the Plaintiff with respect to the Plaintiff’s 1,068m2 and D 132m2.

Reasons

1. Facts of recognition;

A. On August 21, 1953, the Plaintiff, the head of the deceased, inherited the deceased’s property as the family heir, as the deceased’s heir, as a result of the deceased’s death on August 21, 1953.

B. On April 8, 1911, I was under the assessment of the area of 3,795 square meters (1,148 square meters; hereinafter the same shall apply) in Suwon-gun, Suwon-gun, Gyeonggi-do, and thereafter was divided into the area of 1,590 square meters and the area of the said land into the area of 1,590 square meters and the area of 2,205 square meters in Suwon-gun.

C. H purchased 2,205 square meters of Suwon-gun L, Suwon-gun on May 5, 1929 (hereinafter “land subject to distribution”) and completed the registration of ownership transfer on the land subject to distribution on July 11, 1929.

Defendant Republic of Korea purchased land subject to distribution, which is a non-self-employed farmland, from H pursuant to the former Farmland Reform Act (amended by Act No. 31, Jun. 21, 1949; Act No. 4817, Dec. 22, 1994; hereinafter “former Farmland Reform Act”) and distributed it to M who is a self-employed farmer. The land subject to distribution was divided into 1,005 square meters (hereinafter “L land”) and 1,200 square meters (hereinafter “C land”) in 1957.

After that, on December 3, 1986, the land C was divided into the 1,068 square meters (hereinafter “the land of this case”) and D 132 square meters (hereinafter “the land of this case”) and the land of this case in the name of the Plaintiff on March 16, 193, and on December 15, 1993, the registration of transfer of ownership was completed in sequence in the name of the Korea Land Development Corporation (Korea Land and Housing Corporation at present).

E. The Defendant Republic of Korea completed each ownership transfer registration (hereinafter “Defendant’s respective ownership transfer registration”) on the land Nos. 1 and 2 in Suwon District Court Nos. 23786, Dec. 16, 1968, as the case was received on December 16, 1968, when M waives the repayment of distributed land and returned the land subject to distribution to Defendant Republic of Korea.

F. As to the land No. 1 of this case, the acquisition of land for public use by consultation on July 20, 1994.