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(영문) 의정부지방법원 2015.10.13 2014가단36641
징발토지수의매수지위양도 및 양도통지이행
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts - The former 1934 square meters (hereinafter “former 1934 square meters”) was “N” at the time of the Gangwon-gun F. G was originally owned by H. On April 21, 1960, as the shares of the said land were transferred to the Central Farmland Improvement Association (hereinafter “Central Farmland Improvement Association”) on April 21, 1960, H was only 846/1934 shares of said land.

- The G land before subdivision was divided into approximately 846 square meters and J 1088 square meters in 1965, and each land category was 2797 square meters in 1978 and J 3597 square meters in 197 (J land).

- Around June 21, 1979, 620/846 shares of the whole I land was expropriated by the Republic of Korea (Ministry of National Defense: Ministry of National Defense). H held only shares of the above land 226/1934 x (1 ? 620/846).

- In around 1989, the I land was divided into 897 square meters for maintenance of Gangwon-gun, Gangwon-gun (hereinafter referred to as “I land”) and 1900 square meters for K maintenance (hereinafter referred to as “K land before subdivision”).

- H transferred, on June 27, 1991, to the Plaintiff on June 3, 1991, its ownership shares (each 226/1934) with respect to I land and K land before subdivision.

- Before subdivision, K was divided into 1153 square meters in K maintenance of Gangwon-gun, Gangwon-gu, Gangwon-do (hereinafter referred to as “K”) and 747 square meters in L maintenance (hereinafter referred to as “L land”).

- Meanwhile, according to the death of the Plaintiff’s father in 1990, the Plaintiff succeeded to the Plaintiff, and the Defendants jointly succeeded to the case following the death of the said H around November 1998.

[Ground of recognition] Facts without dispute, Gap evidence 7 to 12, Gap evidence 2-4 to 10, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion - around October 31, 1963, M purchased a parcel of land in the O located in the Gangwon Iron-gun (hereinafter referred to as “the first sale”), and the G land before subdivision was included in the sale.

- After the death of M, the Plaintiff purchased from H the shares of H on the I’s land and the K’s land before subdivision (hereinafter referred to as “the second sale”) from H on May 1, 191, and as the special terms of the contract.

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