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1. The Defendant’s KRW 98,215,00 for the Plaintiff and KRW 5% per annum from February 17, 2017 to February 8, 2018.
Reasons
1. Facts of recognition;
A. According to the Land Survey Book drawn up in the Japanese Occupation Period, D had the address in Seocheon-gun, Gyeonggi-do, B, 457 square meters, and the said land was divided into 238 square meters and 219 square meters before E on November 30, 1958 (each conversion into 787 square meters and 724 square meters), and 1,51 square meters before E by re-merger on May 10, 1997.
B. D, the assessment title of the above land, died on April 26, 1940, and upon the death of H, its ex post facto, its head G, succeeded to the head of family and property independently, but on August 25, 1949, his head of Australia and the property was inherited solely by his head of family and the property.
C. Korea completed the registration of preservation of ownership of the above land purchased from I as the grandchildren of the above D under the former Farmland Reform Act (No. 1364, Dec. 18, 1959), but the registration of preservation of ownership was not yet distributed after December 18, 1959, and did not take necessary measures to restore the ownership of the above land returned to the original owner, and sold (sale price of KRW 46,841,00) to J (sale price of KRW 46,841,00). The registration of ownership transfer was completed on January 21, 2005 by No. 2504, Dec. 28, 2004 at the same registry office as of January 21, 2005.
On June 3, 195, the above I married with the wife K and died on April 4, 1999, with children L, M, N, and L, and Q, and died on April 4, 199. Among children, N died on October 4, 1965, M married with the wifeO on April 19, 1989, and died on February 28, 2014. The I’s wife died on July 12, 2014, and L,O, P, and Q were co-inheritors, and the above co-inheritors agreed on the division of inherited property on July 15, 2015, with respect to the above land owned by the Plaintiff solely.
E. On February 17, 2016, the Plaintiff filed a lawsuit against J on February 17, 2016 against J for the registration of ownership transfer for the said land as the Seoul Central District Court Decision 2016Da503257, but the said court was named in the name of the Republic of Korea as to the said land.