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1. Revocation of a judgment of the first instance;
2. Of each real estate listed in the separate sheet to the Plaintiff, Defendant B shall share 3/9.
Reasons
Basic Facts
H’s land ownership, etc. completed the ownership recovery registration on August 20, 1956 on the grounds of the “transfer due to recovery” as to the Gangnam Iron-gun N (F on December 1, 1980) of Gangnam 27, T Tae 21, G 1,934, U 1,934, P 317, Q Q 271, V 253, and W 432.
Of the above lands, G and U land (hereinafter “G and U land before subdivision”) was partitioned on December 30, 1965, and each land indicated below (hereinafter “land number”) was classified as either land after land category change and land size conversion.
After the change of land category and conversion into a unit of 1,934 square meters T 27 square meters 29 square meters T 1,934 square meters 2,79 square meters G prior to I 84 square meters G 2,797 square meters 1,088 square meters J, 3,597 square meters P 1,597 square meters X X 49 square meters, 162 square meters in 1,518 square meters in 1,518 square meters in 5,018 square meters in 225 square meters in 74 square meters in 317 P. 317, 271 square meters in Q 271 square meters in Q 896 square meters in Q 253 square meters and 836 square meters in 836 square meters in 1,582 square meters in 2720 square meters in 1,248 square meters in land, and 1,248 square meters in each of the Central Farmland Improvement Association, etc.
After that, on June 12, 1979, the Republic of Korea (the Ministry of National Defense) may take special measures against the use and expropriation of land and facilities in the area subject to mobilization (Article 5(4) of the Act on Special Measures for National Security (the Presidential Decree on Special Measures for National Security) (Article 5(4) of the Act on Special Measures for National Security). Compensation therefor shall be equivalent to the Requisition, and the procedure therefor shall be prescribed by Presidential Decree. The entire area of H shares (Article 846/1,934) and the shares of the Central Farmland Improvement Association (Presidential Decree No. 1,08/1,934) (the Presidential Decree No. 5912; hereinafter referred to as “the Ordinance on Special Measures for the Expropriation and Use of Land within the area subject to mobilization”).