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(영문) 서울중앙지방법원 2014.08.28 2011가합38078
부당이득금반환
Text

1. The defendant shall pay 532,332,400 won to the plaintiff and 20% per annum from June 24, 2011 to the day of complete payment.

Reasons

Basic facts, the distribution of farmland and the registration network B completed the registration of preservation of ownership in their own name in 1930 when the name of the administrative district was changed to the Gyeonggi-si, Gyeonggi-do, and the real estate located in the above C, and the lot number, land category, and area are indicated only when indicating the real estate located in the above C) E, 4,936 square meters (hereinafter “land before division”) before the division in 1911.

Land before subdivision was purchased from the Defendant on June 21, 1949 by the former Farmland Reform Act (repealed by Act No. 4817, Dec. 22, 1994; hereinafter “former Farmland Reform Act”) and distributed to F, but the repayment of farmland price and the registration was not completed.

After that, the defendant shall acquire farmland on August 20, 1973 by the unit under Article 5 of the former Farmland Reform Act.

1. The farmland of each unit shall revert to the Government;

(a) Farmland (B) the ownership of which is either forfeited or State-owned under a law or a treaty; or

2. The Government shall purchase the farmland in the coordinates with due compensation.

(a)The farmland of a person who does not own the farmland (b) of a person other than the farm and has temporarily transferred to the farm due to reasons such as farmland, disease, official duties, school attendance, etc. shall be permitted to be reserved by the Do governor within a specified period of time with the consent

(C) The registration of ownership transfer under the name of the defendant was completed on the ground of sale on June 21, 1949, according to the farmland other than the ownership of the person who self-managed not less than 3 information, such as the farmland (D) orchard, seeds and seedlings in excess of the limit under this Act. Gyeonggi-do entered into an exchange contract with the defendant on the land before subdivision on December 31, 1993, and sold it to S. Construction Co., Ltd. on May 26, 2006, after the completion of the registration of ownership transfer under the name of Gyeonggi-do on the ground of the above exchange contract.

The division and merger of the land before the division.

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