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(영문) 서울고등법원 2019.03.08 2018나2061711

수분배자지위확인 및 손해배상

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The grounds for this part of this Court’s reasoning are stated in this part of the reasoning of the judgment of the first instance court.

(a) “The Republic of Korea” in paragraph (3) of this Article, “the Defendant” in Section 17, as “the first,” respectively;

C. (2) The phrase “No. 9 December 1989” (No. 4, 7) as the phrase “No. 6, 1989”; the duplicate E (No. 5, 6) out of the second description of paragraph 1; and the phrase “No. 5, 16(f)”; and the phrase “No. 1”

E. (1) The "Judgment on Review" in paragraph (1) of the same Article (No. 5) is as follows: "Seoul High Court Decision 68Da24 decided December 6, 1989"; [Attachment 1] [Attachment 9] List (1) through (5) of the land in the [Attachment 9] List (Attachment 9](1) through (5); and [Attachment 2] [Attachment 2] (Attachment 130 square meters in the column of No. 6 of the face 10 as “1,265 square meters”; and therefore, it is identical to paragraph (1) of the judgment of the first instance; thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. A summary of the cause of the claim 1) For the following reasons, the deceased was repealed by Article 2 subparag. 1 of the Addenda to the Farmland Act (Act No. 4817 of Dec. 22, 1994) to the Defendant.

(A) Since the farmland price on the land indicated in the list (attached Form 2), which falls under the farmland distributed pursuant to the above, is deemed to have already been paid, confused, offset, or extinguished, or the Defendant cannot claim the right to the outstanding amount of the farmland price, the ownership was acquired by the deceased upon completion of the reimbursement of the land of this case, which is the distributed farmland. A) The farmland price on the land indicated in the list (attached Form 1) of the deceased (hereinafter “instant land”) due to satisfaction of performance, was the redemption amount, 65 Du 65, 5, 65, 26 Du 26, 26, and 4 bbbes were already redeemed. Since the amount of redemption was reduced to 26 4 4 Du 17 bbes and 7 bbes, the amount already repaid by the deceased pursuant to Article 5 of the Act on Special Measures for Satisfaction of Performance is a large amount of profit in payment [attached Form 1] in accordance with the legal