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(영문) 서울중앙지방법원 2016.06.15 2016가합516818

손해배상(기)

Text

1. As to the Plaintiff A’s KRW 145,043,50, Plaintiff B, C, and D, respectively, and each of the said amounts on July 25, 2015. < Amended by Presidential Decree No. 26957, Jul. 25, 2015>

Reasons

1. Basic facts

A. The E field E, 930 square meters (hereinafter “the land before the instant subdivision”) was originally owned by F. The land was subject to farmland distribution under the former Farmland Reform Act and was owned by the Defendant as of June 21, 1949.

Farmland except as provided in Article 6 of the former Farmland Reform Act (repealed by Act No. 4817 of Dec. 22, 1994) shall acquire ownership by acquiring ownership from the Government “ simultaneously with the promulgation of the former Farmland Reform Act”. The acquisition of ownership by the State shall be an original acquisition and shall not require a registration as a requisite for setting up against the original acquisition.

B. (See, e.g., Supreme Court Decision 4291Sang147, Oct. 30, 1958; Supreme Court Decision 2002Da56666, Oct. 10, 2003).

1) Of the land before the said subdivision, 490 square meters were distributed, and the remaining 440 square meters were distributed on December 29, 1964, G 440 square meters (1,445 square meters; hereinafter “instant land”).

(2) As to the land of this case which has not been distributed, the Defendant shall register the farmland and facilities attached to the farmland which was acquired by the Government pursuant to subparagraphs 1 and 2 of Article 5 of the Act on Special Measures for the Adjustment of Farmland Reform (hereinafter “the Farmland Act”) and subparagraphs 1 and 2 of Article 2 of the former Act on Special Measures for the Adjustment of Farmland Reform (amended by Act No. 1993, Mar. 13, 1968 (Enforcement Date) repealed by Act No. 487, Dec. 22, 1994; hereinafter “former Special Measures”).

(2) With respect to farmland for which a cultivator is confirmed as farmland falling under any of the following subparagraphs, the Government shall distribute it to the cultivator, and the repayment of farmland shall be made within one year from the date this Act enters into force:

1. Farmland acquired by a decision of the Farmland Committee or a decision of the court and not distributed;

2. The compensation for farmland shall be completed; and