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(영문) 서울고등법원 2018.12.21 2018재나459

소유권이전등기

Text

1. The part against the deceased among the judgment subject to a review shall be revoked, and the defendant (the defendant for a retrial) corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. (1) The land of approximately 30,000 square meters (hereinafter “instant H Dong-dong land”) including the distribution of farmland to H Dong-dong land in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. However, during the Japanese occupation period, the registration was completed in the name of 1942 to 1943, when the land was forced to be expropriated in Japan.

The land of Hdong is used as a military facility or military land, so the land category on the register remains as a paddy field, and the original cultivator cultivated the land as farmland.

After the Farmland Reform Act was amended and promulgated on March 10, 1950, the farmland distribution procedure was initiated for the land of this case H Dong, and the person who received farmland distribution from the defendant was also paying some of the repayment expenses from 1950 to 1952.

However, around May 1953, the Ministry of National Defense asserted ownership on the ground that the Hdong land of this case is the state-owned land managed by the Army, and the defendant did not receive any more redeemable rice.

(2) On September 1, 1961, the Defendant transferred the instant H Dong land management right from the Ministry of National Defense to the Ministry of National Defense as part of the industry promotion and refugee settlement relief project, and had Seoul Government create a J Complex.

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

B. On June 19, 1964, the plaintiff filed a lawsuit against the defendant on June 19, 1964, claiming that the 78,422 of the land in the Hdong of this case was distributed to him and that the 85 persons, including N and the deceased, won the civil lawsuit against the farmer, and that the 78,422 of the land in the Hdong of this case was distributed to them. The Seoul Civil District Court sentenced the plaintiffs' winning judgment on March 9, 1967.

hereinafter referred to as "the case."

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