소유권보존등기말소 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. B received 640 square meters (hereinafter “instant land before the instant subdivision”) prior to E in accordance with the Farmland Reform Act (amended and enforced by Act No. 31, Jun. 21, 194; repealed by Act No. 4817, Dec. 12, 1994; Article 2 subparag. 1 of the Addenda to the Farmland Act, Act No. 4817, Dec. 12, 1994).
B. On April 26, 1957, the Defendant completed the registration of ownership preservation on the land prior to the instant subdivision by the Suwon District Court Branch No. 720, which was received on April 26, 1957, and thereafter the land prior to the instant subdivision was divided into each land listed in the separate sheet.
C. On March 12, 2015, with respect to each land indicated in the separate sheet Nos. 2-4, 6-10 and each land indicated in the separate sheet No. 2-4, and 6-10 on March 12, 2015, the registration of ownership transfer was completed as the receipt No. 10426 on April 3, 2015, and on March 12, 2015, the Defendant paid KRW 213,172,010 for each land above.
[Ground of recognition] Facts without dispute, Gap Nos. 1, 8 and 9, fact-finding results on the National Archives of this Court, the purport of the whole pleadings
2. The parties' assertion
A. F, as the Plaintiff’s assertion, obtained the ownership of the land prior to the instant partition by receiving a distribution of the land prior to the instant partition and completing reimbursement on February 11, 1961.
Therefore, registration of preservation of ownership in the name of the defendant for each land listed in the separate sheet is null and void. The compensation received by the defendant for each land listed in the separate sheet Nos. 2-4 and 6-10 constitutes unjust enrichment.
The Defendant is obligated to perform the procedure for ownership transfer registration for each land listed in the separate sheet Nos. 1 and 5 in the separate sheet from B, and the Defendant is obligated to pay compensation 213,172,010 won for each land listed in the separate sheet Nos. 2 to 4, 6 to 10 in the separate sheet received from Inju City and damages for delay.
B. The defendant's assertion is before the division of the case.