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(영문) 제주지방법원 2019.09.06 2018가단65325

소유권이전등기

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on April 1, 1931 in the name of F with respect to the 437 square meters prior to Jeju-do North Jeju-gun E (hereinafter “the land prior to the division”) on the ground that the registration of ownership transfer was completed on July 14, 1965 under the name of G on January 23, 1965, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Farmland (amended by Act No. 1657, Sept. 17, 1964; hereinafter “former Act on Special Measures for Farmland”).

B. The land before subdivision was purchased from F and distributed to I who had the domicile in H with the implementation of the Farmland Reform Act, but I renounced the payment of farmland on May 18, 1957 (Seo 1954), which became the land again returned to the Government, and the land listed in the attached Table following a change of land category and a division.

C. The registration of ownership transfer was completed in the name of the Republic of Korea on September 20, 1969 with respect to the land before subdivision (the enforcement date of the Farmland Reform Act) on the ground of sale and purchase on June 21, 1949, and the registration of ownership transfer was completed in the name of Jeju Special Self-Governing Province on June 2, 2015 with respect to the land listed in paragraph (2) of the attached Table.

F Around March 15, 1936, the Republic of Korea and the Jeju Special Self-Governing Province inherited F’s property solely by inheritance. J also died on May 20, 1968, and the Defendants inherited F’s succession in succession. Defendant D confirmed that the land before subdivision was not distributed, and the ownership is reverted to F. As such, each of the above transfer registrations in the Republic of Korea and the Jeju Special Self-Governing Province are invalid registration, and the preservation act was filed against it, and was rendered a favorable judgment on April 6, 2018, by filing a lawsuit for the registration of ownership transfer for the reason of real name recovery (Seoul Central District Court 2017Da5071853) with the Defendants’ inheritance share.

Accordingly, after the judgment became final and conclusive on August 30, 2018, the land indicated in [Attachment 1] and (3) of [Attachment 1].