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(영문) 서울고등법원 2019.04.17 2018재나473
소유권이전등기
Text

1. The part of the judgment subject to review against the plaintiff (the plaintiff) shall be revoked, and the revocation part shall be applicable thereto.

Reasons

1. Facts of recognition;

A. The farmland distribution, etc. for the instant AJ Dong land 1) The land of approximately KRW 300,000 square meters, including Yeongdeungpo-gu Seoul AK 416, Yeongdeungpo-gu, Seoul (hereinafter “instant AJJ Dong-dong land”).

(2) After the amendment of the Farmland Reform Act was promulgated on March 10, 1950, the farmland distribution procedure was conducted as to the land of this case, and the person who received farmland distribution from the Defendant was to pay partial reimbursement from 1950 to 1952. However, from May 1953 to May 1953, the Ministry of National Defense asserted ownership on the ground that the land of this case AJ Dong was owned by the Army, and the land of this case was not used as a military facility or military land, and thus, the land category on the register continued to remain as farmland. The land of this case was cultivated as farmland by the original farmer. Since the Farmland Reform Act was amended and promulgated on March 10, 1950, the farmland distribution procedure was conducted as to the land of this case, and the person who received farmland distribution from the Defendant had the Ministry of National Defense, on the ground that the land of this case was owned by the Army, the Defendant did not receive any more repayment of ownership from the Ministry of National Defense to the Ministry of National Defense on the ground that it was owned by the Army.

In August 1961, Seoul Special Metropolitan City started the new construction of 1,200 public housing units to remove the standard-form house, 1,100 simple housing units, and completed the completion and relocation from August 1962 to September 1962, and created AL Corporation, AM elementary school, NN market, individual housing site, etc. in the above AJJ Dong Group.

B. The plaintiff A, the deceased B, the deceased L and the deceased (hereinafter referred to as the "the plaintiff and the deceased") shall be the plaintiff A, the deceased B, the deceased L and the deceased.

On June 19, 1964, 85 persons, including Eul, asserted that they were distributed to the defendant on June 19, 1964, 78,422 of the land in the AJdong District Court 64Da5133, and the registration procedure for transfer of ownership was completed.

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