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(영문) 서울중앙지방법원 2015.02.17 2014가단129213
소유권보존등기말소등기등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Summary of the plaintiffs' assertion

A. G, the Plaintiffs’ conciliation division or increased investigation division, purchased each land listed in the [Attachment 1-9 and 2-7] list of real estate (excluding the land listed in the annexed Table 1-9 and 2-7; hereinafter “instant land”) in the name of each of the competent parties, and completed the registration of ownership transfer under each of the following names before the subdivision into the land listed in the annexed Table 1, 2-2-Attachment 7 (hereinafter “instant land”). He, 2,856, 2,450, 615, 5, 5,348, 2,85, 38, 388, 388, 3,159, 3,159, 1,329, 1, and 329 (hereinafter “the aforementioned land before subdivision”).

B. Of the farmland pre-divisions, among the farmland subject to distribution under the former Farmland Reform Act, the instant land was determined not to be distributed within three years from January 1, 1996, which was the enforcement date of the former Farmland Act, due to the failure to complete repayment and registration, and thus, the ownership was reverted to G’s heir, the original owner.

C. G died on January 15, 194, and Q succeeds to Q Q net G. On May 28, 1990, Q succeeded to the net Q Q by inheritance or substitute inheritance at the ratio of 1/12 shares of Plaintiffs A and B, their respective 1/3 shares, their grandchildren, and their respective 1/12 shares.

The claim No. 1-A.

(b) Each registration of preservation of ownership of Defendant Republic of Korea with respect to the land mentioned in paragraph (1).

Since the registration of each transfer of ownership by Defendant Gyeonggi-do with respect to the land indicated in paragraph (1) is invalid when the Defendants completed without any title, the Defendants are obligated to implement the cancellation registration procedure in proportion to their respective inheritance shares.

E. Also, since the old land cadastre as to the land stated in paragraph (2) of the purport of the claim contains a resident registration number of two persons different from the net G, the defendant Republic of Korea has a duty to verify that the above land is owned by the plaintiffs according to the ratio of inheritance shares.

2. Determination

A. The land, which is an annex to the steel farmland, is the Government according to the enforcement of the Farmland Reform Act.

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