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(영문) 서울고등법원 2019.11.08 2018재나558
소유권이전등기
Text

1. Of the judgment subject to a retrial, the part on the Plaintiff (Plaintiff) among the judgment subject to a retrial is revoked and thus revoked.

Reasons

1. Basic facts

A. The farmland distribution, etc. for the instant Fdong land is 1) the land of approximately 30,000 square meters (hereinafter “the instant Fdong land”) in Seoul G G about 416 square meters (hereinafter “Fdong land”).

(2) After the registration of Japanese name was completed, the instant FF-dong land was not used as military facilities or military land, but was cultivated as farmland by the original farmer, and the land category on the register remains as a rice field. The land category on the register remains as a rice field.

3) On March 10, 1950, the Farmland Reform Act was amended and promulgated, and the farmland distribution procedure was carried out as to the land of the instant Fdong, and the person who received farmland distribution from the Defendant was also paying part of the farmland from 1950 to 1952. However, since May 1953, the Ministry of National Defense asserted the ownership of the instant Fdong land on the ground that it is the state-owned land managed by the Army, the Defendant did not receive any more repayment. 4) The Defendant transferred the management right of the instant Fdong land from the Ministry of National Defense to the financial department and had the Seoul Special Metropolitan City create H.

In August 1961, Seoul Special Metropolitan City started the new construction of 1,200 public housing units, 1,100 simple housing units, and completed the construction of 1,100 households from August 1962 to September 1962, and created I, J, K, private housing sites, etc. in the above Fdong Group.

B. 85 persons, including the Deceased, including 85 persons (hereinafter “the first Plaintiffs”) filed a civil suit against farmers and winning the civil suit

On June 19, 1964, the Defendant asserted that “78,422 of the land in the instant Fdong was distributed among them,” and that the repayment was completed.

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