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(영문) 서울고등법원 2014.12.19 2014나2006952

소유권이전등기말소 등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. On July 30, 1911, the Ministry of Land Survey on the Gyeonggi-gun E, which was prepared by the Ministry of Land Survey in the Japanese occupation period, stated that the JJ, which had an address in Gwangju-gun I, was under the circumstance of the Gyeonggi-gun D Return 488 (the administrative district change to Busan-si F), and G Return 711 (the administrative district change to H after Sungnam-si), on July 30, 1911.

B. The old land cadastre concerning each of the above lands restored after the destruction of the land was restored by stating L residing in the G of Gwangju-gun as the owner of the above land, and L as the owner of each of the above lands was also stated in the land cadastre and the land cadastre statement prepared by the G-gun of Gwangju-gun as well. Meanwhile, L was at the time of the enforcement of the former Farmland Reform Act (repealed by Article 2 subparag. 1 of the Addenda to the Farmland Act (Act No. 4817 of Dec. 22, 1994) (hereinafter “former Farmland Reform Act”). At the time of the enforcement of the former Farmland Reform Act (amended by Act No. 4817 of Dec. 22, 1994, hereinafter “former Farmland Reform Act”), the prop of each of the above lands was written as L, and the compensation register stating the

C. After the registration of ownership preservation has been completed in the name of L residing in K of Gwangju-gun in around 1957, the registration of ownership transfer was completed on October 13, 1960 under the name of the defendant pursuant to the former Act on Special Measures for the Adjustment of Farmland Improvement Projects (repealed by Article 2 subparagraph 2 of the Addenda of the Farmland Act (Act No. 4817 of Dec. 22, 1994) (hereinafter “Special Measures Act”), around December 26, 1968.

Each of the above lands was reported to implement a land readjustment project on August 3, 1970, and the above D land was replaced by the land partitioned on December 13, 1976, with the land partitioned on December 13, 1976, as the O, P, Q through R, S, AJ, T, U, BH, and V 12 parcels in Sungnam-si, and the land partitioned on April 26, 1974, with the land partitioned on April 26, 1974, WW or X, Y, Z, AAA, BI, AB, AC, BJ, and AD 12 parcels, respectively.

E. The land cadastre of each of the above lands is above.