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(영문) 서울고등법원 2018.08.31 2018재나145
소유권이전등기
Text

1. Among the lawsuits filed by the Plaintiff (Plaintiffs) for retrial, the grounds for retrial under Article 451(1)9 of the Civil Procedure Act are part of the grounds for retrial.

Reasons

1. Facts of recognition;

A. The farmland distribution, etc. on the instant land (1) about 300,000 square meters for the instant land (hereinafter “instant land”). However, during the Japanese occupation period, the registration was completed in the name of 1942 to 1943, since the land was compulsorily expropriated in Japan during the Japanese occupation period.

Nevertheless, since the land of this case is used as a military facility or military land, the land category on the register remains as a paddy field, and the original cultivator cultivated the land as farmland.

After the amendment of the Farmland Reform Act was promulgated on March 10, 1950, the farmland distribution procedure was implemented with respect to the land of this case, and the persons who received farmland distribution from the defendant were also paying the partial repayment payment from 1950 to 1952.

However, around May 1953, the Ministry of National Defense asserted ownership on the ground that the land of this case is the state-owned land managed by the Army, and the defendant did not receive any more repayment rice.

(2) As part of the industrial promotion and refugee settlement relief project on September 1, 1961, the Defendant transferred the right to manage the instant T-party land from the Ministry of National Defense to the Ministry of National Defense, and had Seoul Government create U.S.

The Seoul Special Metropolitan City started the new construction of 1,200 public houses to remove the standard house, and 1,100 simple houses, and completed the completion of construction work on August 1962, and created V Corporation, W Elementary School, X market, private house site, etc. in the above T Group.

B. On June 19, 1964, the plaintiff filed a lawsuit against the defendant on June 19, 1964, claiming that the 78,422 of the land in the T-party land of this case was distributed by himself and claiming that the 85 persons, including Y and the deceased, won the civil lawsuit against the farmers, and that the 78,42 of the land in the T-party land of this case was distributed by himself, and that the Seoul Civil District Court won the above plaintiffs' judgment on March 9, 1967.

hereinafter referred to as "the case."

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