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(영문) 서울고등법원 2017.01.10 2016나2029560

소유권확인

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Under the main sentence of Article 420 of the Civil Procedure Act, the corresponding part of the grounds of the judgment of the court of first instance (from five to six pages in the judgment of the court of first instance) shall be cited as the grounds of this judgment.

However, on the five pages of the first instance judgment, the 5th line "2010.12.27" below shall be deemed to be " December 28, 2010", the 5th line "the same day" below shall be deemed to be " February 9, 2011", and the 5th line "the 27.12.27" below the 5th line shall be deemed to be " February 9, 201."

2. The plaintiffs' assertion obtained ownership by receiving distribution of W before subdivision pursuant to the former Farmland Reform Act (amended by Act No. 108, Mar. 10, 1950; hereinafter "former Farmland Reform Act") in 1950 and completing reimbursement for all or part of 1,137 square meters or 637 square meters, or by paying more than 138 square meters of land of AI, which is another farmland distributed by the defendant Republic of Korea, even if not, it acquired ownership. The plaintiffs inherited the above T's property according to the attached inheritance shares ratio.

Therefore, the registration of preservation of the above ownership of Defendant Republic of Korea is null and void unless the acquisition by succession is recognized as lawful, and each registration of ownership transfer of the remaining Defendants based on the registration of invalidation is also null and void.

Therefore, Defendant Korea Land and Housing Corporation and Defendant S are primarily obligated to cancel each registration of transfer of ownership as stated in the primary purport of the claim regarding each of the instant land, and Defendant Korea is obligated to complete the registration of transfer of ownership based on the restoration of real name with respect to each of the said land according to the inheritance shares ratio. ② If the remaining Defendants’ prescriptive acquisition, etc. are impossible to restore the said land, Defendant Korea shall pay to the Plaintiffs the amount equivalent to the value of each of the said land (or the purchase price of the land acquired from the Defendants) calculated according to the aforementioned shares as compensation for damages.