beta
(영문) 서울중앙지방법원 2020.02.12 2019나42244

소유권보존등기말소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 1, 1961, the land Nos. 1 and 2 of this case (hereinafter “each of the instant lands”) was the cadastral restoration on August 1, 1961, and thereafter, the Defendant completed the registration of initial ownership (hereinafter “each of the instant registrations”) under the receipt of 4969 registration offices of the High Government Branch of the High Government Branch of the High Government Branch of the District Court on October 29, 197.

B. Each of the lands of this case is indicated as "E" in the area of the address column of the lender of the repayment ledger (No. 4 of this case; hereinafter referred to as "the repayment ledger of this case") indicated as the "F of Pakistan-gun in Gyeonggi-do," and the name column of the lender of this case as "G". The reason for the change of repayment is as follows: "Special Assistance Act Article 9 of the Act on Special Measures for the Adjustment of Farmland Improvement Projects (amended by March 13, 1968)" (Registration of Transfer of Ownership of Transferred Farmland) ① The Government shall register the transfer of ownership to the transferee or the former buyer if the transferor completely pays the outstanding amount pursuant to the provisions of Article 5 if the transferee or the former buyer completely pays the outstanding amount pursuant to the provisions of Article 5. ② The person who acquires or purchases the right to the distributed farmland under the provisions of the preceding paragraph shall be a farmer under the provisions of Article 3 of the Agricultural Development Act."

C. In addition, when examining the details of receipt of the repayment amount in the repayment ledger of this case, the total amount of redemption is “1656”, and by 1950, 54 of the repayment amount is repaid and 1602 of the remaining repayment amount is repaid on September 10, 1968, and the balance is written “0”.

In addition, in addition to each of the instant land, “H, I, J, K, K, L, M, and N land (hereinafter “the remainder of the instant land”) is indicated in the water distribution display column of the instant repayment ledger. As to the remaining land of this case, E of Pakistan-gun, on the ground of “the completion of repayment on September 10, 1968,” around 1969, after the registration of ownership preservation of the State’s ownership, shall be a person who acquired the ownership transfer registration on January 19, 1971.