소유권말소등기
The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.
The grounds of appeal are examined.
1. Even if documents prepared in the course of farmland distribution under the former Farmland Reform Act (repealed by Act No. 4817, Dec. 22, 1994; hereinafter the same) are recorded as props or victims, such persons are not presumed to be owners of farmland subject to distribution, but not presumed to be owners of farmland. However, there is no limitation to taking the above documents as materials for fact-finding on the alteration of rights in full view of other circumstances.
(2) In cases where the owner’s land ownership is transferred to the nominal owner at least at the time of the distribution of farmland, not only the documents stating matters necessary for repayment, such as the document verifying the farmland subject to distribution or the repayment ledger, such as the farmland register, the distribution farmland register, etc., but also the documents stating the owner’s application for compensation, the prop statement, the land price ruling, and the land price bond, etc., written in the process of receiving compensation by the prop purchased the farmland from the State, are consistent with each other, such documents can be deemed as valuable evidence to acknowledge that the ownership of the land was transferred to the nominal owner at least at the time of the distribution of farmland.
In such a case, in order to reject the probative value of the above-mentioned material, a careful determination should be made by examining closely whether there are other reasonable circumstances in place.
(2) According to the reasoning of the lower judgment and the evidence duly admitted by the lower court, the following facts are revealed: (a) X with the address in Gan-gun on September 17, 1911 (hereinafter “instant land before the instant partition”); and (b) the Plaintiffs jointly inherited the said X’s property; (c) on the other hand, a prop declaration, a farmland confirmation log, and a land price securities protocol in the Gan-gun written report on June 27, 201; and (d) on December 15, 1951, on December 15, 1951, where the Gyeonggi-do Governor issued the instant land, including the instant land, to the Gyeonggi-do Governor on December 15, 1951.