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(영문) 서울중앙지방법원 2021.01.13 2020가합507286

부당이득금

Text

1. The defendant,

A. Each of the relevant money and each of the said money recorded in the separate sheet on calculation statement to the Plaintiffs.

Reasons

1. Basic facts

A. The farmland distribution, etc. for the instant military land is classified into each land listed in the separate sheet of land (hereinafter “each of the instant land”). When individual land is named, 30 thousand square meters of land located in the Fdong, Gdong, Dong, and Gyeonggi-gun (hereinafter “instant military land”) in Yeongdeungpo-gu Seoul Metropolitan Government, including the land located in the same table of land (hereinafter “instant land”) was the initial answer. However, during the Japanese occupation period, the ownership transfer registration or ownership preservation registration was completed in the name of “state” in around 1941 to 1943.

With respect to each land of this case, the ownership of each land of this case was transferred in the name of "State" as shown in the list of land attached hereto at the same time.

2) However, most land including each of the instant land was actually used as military land, but was cultivated by previous farmers as farmland, although military installations, such as ammunitions and training grounds, were installed on certain land among the instant military land.

Even after the tidal wave, farmers continued to possess and cultivate the previous cultivated land by leasing it, and each of the instant lands as indicated in the separate sheet of land in the “occupier and farmer” as indicated in the separate sheet of land was occupied and cultivated by each of the relevant farmers by leasing each of the instant lands from H Corporation, etc. after the embankment on August 15, 1945.

3) On June 21, 1949, the Farmland Reform Act (amended by Act No. 4817, Dec. 22, 1994; hereinafter “Agricultural Reform Act”) promulgated this and the farmland distribution procedure was carried out. A person who received a farmland distribution from the Defendant paid part of the farmland repayment during the period from 1950 to 1952. However, the Ministry of National Defense asserted ownership on the ground that the Army was the State-owned land managed by the military branch of this case from May 1953, and the Defendant did not receive more repayment payment.

(b)the filing of civil lawsuits against farmers and the filing of registration for ownership transfer 1) of this case 3,5,00