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(영문) 서울고등법원 2020.06.25 2019재나241
소유권이전등기
Text

1. The part of the judgment subject to review against the defendant (the plaintiff) shall be revoked.

2. The judgment of the court of first instance is in the process of judgment.

Reasons

1. Basic facts

A. Farmland distribution, etc. for the instant military land 1) Each land listed in the separate sheet (hereinafter “each of the instant land”).

(B) 30 thousand full-scale land located in the Ndong, Odong, and Gyeonggi-si, Yeongdeungpo-gu, Seoul (hereinafter “instant military land”).

The first answer was the Japanese colonial era, and the registration of ownership transfer or registration of ownership transfer was completed in the name of “state” in 1941 to 1943. As to each of the instant lands, the registration of ownership transfer was completed in the name of “state” on September 17, 1941. However, as to each of the instant lands, only the installation of military installations, such as ammunition and training grounds, was limited to the instant military land, and most of the instant land, including each of the instant land, was actually used as military land, and was cultivated by previous farmers as farmland.

Even after the sunset, farmers leased land previously cultivated by K, etc. and continuously occupied and cultivated it.

Each of the instant lands was occupied and cultivated by the CL from K, etc. after the tidal bank.

No. 3) The Farmland Reform Act (amended by Act No. 4817, Dec. 22, 1994; hereinafter referred to as the “farmland Reform Act”) on June 21, 1949.

A) The farmland distribution procedure was promulgated, and the person who received the farmland distribution from the Plaintiff paid part of the farmland distribution procedure from 1950 to 1952. However, since May 1953, the Ministry of National Defense asserted ownership on the ground that the price of the instant military land was the state-owned land managed by the Army, and the Plaintiff did not receive more than the repayment rice. (b) CL, which cultivated each of the instant land, along with the other farmers 25 (hereinafter “CL, etc.”) who occupied and cultivated the farmland in Qudong among the instant military land, is located in the military area of this case against the Plaintiff at the Seoul Central District Court.

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