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(영문) 수원지방법원 2021.02.04 2020가단531211
소유권이전등기
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Determination on the cause of the claim

A. The plaintiffs' assertion (1) was made by the Republic of Korea under the former Farmland Reform Act (amended by Act No. 31 of Jun. 21, 1949, and repealed by Act No. 4817 of Dec. 22, 1994; hereinafter the same shall apply) after purchasing from G 4071 square meters (hereinafter "the mother land of this case") prior to I to 384 square meters (hereinafter "the existing one land of this case"), J land, and then dividing the land from J on December 22, 1969 to 202 square meters (hereinafter "existing 2 land of this case").

(2) On April 20, 1984, the previous land of this case was replaced by one parcel of land listed in the annexed sheet (hereinafter “the land of this case”) and on June 26, 1987, the ownership became extinct due to sale to L on June 26, 1987, and on December 8, 2009, the ownership of Defendant F’s name was transferred to Defendant F through M.

The previous two lands of this case also were replaced by the two lands listed in the separate sheet on April 20, 1984 (hereinafter “the instant two lands”), and the ownership of the previous two lands became extinct due to the sale to the Gongwon on June 29, 1987.

(3) Since the State’s purchase of non-self-owned land under the former Farmland Reform Act is a condition subsequent to the cancellation that no farmland distribution will be made, farmland not distributed at the time of the enforcement of the former Act on Special Measures for the Adjustment of Farmland Reform (amended by Act No. 1993, Mar. 13, 1968 and repealed by Act No. 4817, Dec. 22, 1994; hereinafter “Special Measures Act”) shall be reverted to the original owner, with the exception of farmland to be distributed to a farmer registered or confirmed as State-owned under Article 2(1) of the Act on Special Measures, except for farmland to be distributed to him/her at the time of the enforcement of the Act on Special Measures.

2.0.0

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