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(영문) 수원지방법원 2017.10.24 2016가합84012

손해배상(국)

Text

1. The Defendant: (a) from August 17, 2016, to Plaintiff A, KRW 54,633,33, and KRW 218,533,333, and each of the above amounts.

Reasons

1. Basic facts

A. In the land survey register prepared during the Japanese colonial era with respect to the land of 298 square meters (hereinafter “instant land”) prior to YY in Mosung-si, D, Japan, and E, respectively, were written as the owner of the land cadastre in the Gu.

B. The inheritance shares of Plaintiff A are 14/84 and the inheritance shares of Plaintiff B are 56/84. The inheritance shares of Plaintiff A are 14/84.

C. At the time of implementing the farmland reform under the former Farmland Reform Act, E submitted a prop report to the Governor of the Gyeonggi-do as the owner of the instant land.

E is written in the land of this case as the prop of the land of this case and the E’s address and name in the area of the person liable for tax payment in the area of the land of this case, in which the land of this case is located. D.

The registration of ownership transfer was completed on the basis of the completion of repayment as distributed farmland under the former Farmland Reform Act for part of the land entered by E as the owner in the said prop report, the land confirmation table for each prop, and the land name keeping in the chip.

E. As to the instant land, the Defendant completed the registration of ownership preservation as of Jun. 15, 1959 by the Suwon District Court Seosung Branch registry office No. 4090, which was received on June 15, 1959, and thereafter, each of the instant land was sold in sequence to H, I, Yangsan High-tension concrete company, and Aju Industry Co., Ltd. (hereinafter “I et al.”) and the registration of ownership transfer was completed.

F. The Plaintiffs asserted that the instant land was owned by the heir E, and filed a lawsuit against the Defendant, I, etc. seeking registration of preservation of ownership and cancellation of each transfer of ownership.

[E] On August 13, 2015, the above court acquired the instant land before the enforcement of the former Farmland Reform Act, and sold it to the Government as farmland at the time of the farmland reform. However, since the ownership of the instant land was reverted to E and its inheritors jointly own it, the above court held the Defendant’s name.

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