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The judgment below is reversed, and the case is remanded to the Seoul Central District Court.
Reasons
The grounds of appeal are examined.
1. Review of the reasoning of the lower judgment and the reasoning of the first instance judgment as cited by the lower court and the record reveals the following facts.
Pursuant to the former Farmland Reform Act (amended by Act No. 31 of Jun. 21, 194, which was repealed by Act No. 4817 of Dec. 22, 1994; hereinafter “former Farmland Reform Act”), the Defendant acquired W (M-ro creative name) who is the Plaintiff’s fleet and GAAriri (hereinafter “AAri”) of Gyeonggi-gun (hereinafter “Ari”) A-si (hereinafter “J land prior to the instant subdivision”), and distributed NW 434 square meters, E 105 square meters (hereinafter “the land prior to the instant subdivision”), PP 1,515 square meters, PP 376 square meters, Q584 square meters, and the remainder of the land prior to the instant subdivision to AB 4, etc.
On December 21, 1998, land E prior to the instant subdivision was divided into the Zdong (the name of the administrative district AAri was changed) E-road 281 square meters (hereinafter “instant land”) and F road 66 square meters (hereinafter “instant land 2”).
B. In accordance with the former Farmland Reform Act, the Defendant acquired the RR No. 1,460 (hereinafter “R land before the instant subdivision”), and distributed three remaining parcels to three persons, such as W, etc., by dividing the following: S 423 square meters, K 801 square meters (hereinafter “K land before the instant subdivision”), H 106 square meters (hereinafter “H land before the instant subdivision”), and H 130 square meters (hereinafter “instant subdivision”).
Before the instant partition, K was divided into the 785 K, G road 16 square meters on August 13, 1962 (hereinafter “third land”). The H land before the instant partition was divided into H ditch 103 square meters (hereinafter “instant 4”) and the 3 square meters (hereinafter “instant 5 land”). The land before the instant partition was divided into H ditch 103 square meters (hereinafter “instant 4”) and I road 3 square meters (hereinafter “instant 5”).
C. Meanwhile, the defendant completed the registration of initial ownership relating to the land Nos. 1, 2, 4, and 5 of this case.