1. Whether the land requisitioned for military use may be the object of non-refluence (affirmative);

2. Where the farmland which has not been distributed has become a de facto site thereafter, the disposal relationship of the land above;

1. It does not constitute a land which was requisitioned as a military land and cannot be the object of fire.

2. Even if the farmland is reverted to the original state, if the farmland was actually converted into a site without any distribution of the farmland, it shall be deemed to be within the jurisdiction of the administrative agency, and thus, it may be dismissed.

Article 2 of the Reversion Property Disposal Act, Article 3 of the Reversion Property Disposal Act

Co., Ltd.

Transmission fever

Kim Jong-hee et al.

Park-type et al. five persons

Busan District Court (83 Gohap688)

The appeal filed by the plaintiff against the defendant's transmission heat, Kim-hee, transmission benefit, transmission lodging, Lee-hee, Kim Dong-dong, and sex conflict, and all appeals filed by the defendant, the defendant's transmission heat, gambling type, trade name, e-mail, Lee Jong-young, Kim Tae-young, and the successor's appeal are dismissed.

Expenses incurred by the plaintiff's appeal shall be borne by the plaintiff, defendant's transmission heat, gambling, trade name, e-mail, e-mail, e-mail, Kim Tae-young, and the expenses incurred by the appeal by the successor of the above defendants.

From among the original judgment, the part for the claimant against the defendant's successor heat, gambling, trade name, separation, immigration, immigration records, Kim Tae-young, and the part for the claimant against the pregnant race can be provisionally executed.

원고에게, 피고 전승열은 부산 부산진구 (상세지번 생략) 대 2225.4평방미터 지상 별지도면표시 ㄱ, ㄴ, ㄷ, ㄹ, ㄱ의 각 점을 순차 연결한 선내(가)부분 브럭조 스라브즙 및 스레트즙 평가건 주택 1동 건평 121.6평방미터, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅁ의 각 점을 순차 연결한 선내(나)부분 브럭조 스레트즙 평가건 창고 1동 건평 26.5평방미터 및 의 각 점을 순차 연결한 선내(하)부분 목조 스레트즙 평가건 주택 1동 건평 54.5평방미터를, 피고 전승열, 김복희, 전승혜, 전승숙은 같은 도면표시 ㅎ³, ㅍ³, ㅂ⁴, ㅁ⁴, ㄹ⁴, ㄷ⁴, ㅎ³의 각 점을 순차 연결한 선내(차)부분 목조 스레트즙 평가건 주택 1동 건평 24.8평방미터를, 피고 이문희는 같은 도면표시 ㅅ², ㅇ², ㅈ², ㅊ², ㅅ²의 각 점을 순차 연결한 선내(마)부분 부럭조 스레트즙 평가건 사무실 1동 건평 11평방미터를, 피고 김수동은 같은 도면표시 ㅎ, ㄱ², ㄴ², ㅁ², ㅂ², ㅎ의 각 점을 순차 연결한 선내(라)부분 브럭조 스레트즙 평가건 주택 1동 27.9평방미터를, 피고 성정섭은 같은 도면표시 ㅋ, ㅌ, ㅍ, ㅎ, ㄱ², ㄴ², ㄷ², ㄹ², ㅋ의 각 점을 순차 연결한 선내(다)부분 목조 천막즙 목공소 1동 건평 260.5평방미터를, 피고 박형연은 같은 도면표시 ㅋ², ㅌ², ㅍ², ㅎ², ㅋ²의 각 점을 순차 연결한 선내(바)부분 부럭조 스레트즙 평가건 사무실 1동 건평 39.8평방미터 및 ㄱ³, ㄴ³, ㄷ³, ㄹ³, ㄱ³의 각 점을 순차 연결한 선내(사)부분 부럭조 스레트즙 사무실 및 창고 1동 건평 27평방미터를, 피고 조상호, 이창용은 같은 도면표시 ㅁ³, ㅂ³, ㅅ³, ㄴ⁴, ㅁ³의 각 점을 순차 연결한 선내 (아)부분 브럭조 스레트즙 평가건 사무실 및 주택 1동 건평 17.3평방미터를, 피고 이영록은 같은 도면표시 ㅇ³, ㅈ³, , ㅋ³, ㅌ³, ㅍ³, ㅎ³, ㄱ⁴, ㄴ⁴, ㅅ³, ㅇ³의 각 점을 순차 연결한 선내 철봉조 천막즙 철공소 1동 건평 155.6평방미터중 같은 도면표시 ㅅ³, ㅇ³, ㅈ³, ㅊ³, ㅋ³, ㅌ³, ㅍ³, ㅎ³, ㄱ⁴, ㄴ⁴, ㅅ³의 각 점을 순차 연결한 선내 (자)부분 건평 73.6평방미터 및 같은 도면표시 ㅅ⁴, ㅇ⁴, ㅈ⁴, ㅊ⁴, ㅋ⁴, ㅅ⁴의 각 점을 순차 연결한 선내(카)부분 브럭조 스레트즙 평가건 창고 1동 건평 62.5평방미터를, 피고 김태영은 같은 도면표시 ㅌ⁴, ㅍ⁴, ㅎ⁴, , ㄷ⁴의 각 점을 순차 연결한 선내(타)부분 브럭조 스레트즙 평가건 주택 1동 건평 31.5평방미터를, 피고 임종인은 같은 도면 표시 ㅎ⁴, , ㄹ, ㄱ, , ㅎ⁴의 각 점을 순차 연결한 선내(파)부분 부럭조 스레트즙 평가건 창고 1동 건평 55.4평방미터를 각 철거하고 위 각 부지를 인도하라.

Costs of lawsuit shall be borne by the defendants, and a declaration of provisional execution.

(1) The court below revoked the part against the plaintiff as to the defendant's transmission heat, Kim-hee, transmission benefit, transmission lodging, Lee Jong-hee, Kim Jong-dong, and gender conflict among the original judgment and rendered the same judgment as the entries in the purport of the claim against the above defendants.

(F) The judgment dismissing the plaintiff's claim corresponding to this part of the original judgment against the above Defendants from among the defendant's transmission heat, strawing smoke, strawing trade name, e.g., e., immigration records, e., Kim Tae-young,

In full view of the facts as stated in Gap evidence No. 3, the testimony of the court below witness Kim Fung, the court below's on-site inspection, and the appraisal of Kim Jong-woo, which are not disputed in the formation, the facts that the plaintiff's transfer registration of ownership was made for the sale under the receipt No. 68674 of December 23, 1974 as to the Busan District Court's Busan District Court's 2225.4 square meters (hereinafter "the site in this case") and the facts that the defendants occupied or jointly occupied each of the pertinent buildings as stated in the purport of the claim in this case, and there is no counter-proof evidence that each of the above lands is occupied or jointly occupied by each of the above sites, and there is no counter-proof evidence.

(1) Determination as to the claim against the Defendant’s transmission heat, gambling, trade name, e-mail, e-mail, e-mail, Kim Tae-young, and e-mail (excluding the claim against the Defendant’s transmission heat as seen below 3).

However, the Defendants asserted that the instant land was divided from August 16, 1954 to August 1465, 853, and that the said land prior to subdivision was combined with three parcels of 871, 747, 866, 708, 870, and 719, and the instant land currently possessed by the Defendants was part of 871, 747, 871, 871, and the instant land was originally owned by the Defendants as to the above 871, 747, and the ownership transfer registration of this case was made before the Plaintiff as to the above 871, 871, 747, as of June 16, 1954, the ownership transfer registration of this case was made in the name of the Plaintiff as well as the ownership transfer registration for the company prior to subdivision, so long as the said land registered in the said company becomes invalid for the following reasons:

First, the above 871 land was no longer owned by Nonparty 1, Japan at the time of the above 7th anniversary of the above 7th anniversary of the fact that the above 87th anniversary of the above 7th anniversary of the above 7th anniversary of the fact that the above 87th anniversary of the above 7th anniversary of the above 7th anniversary of the fact that the above 87th anniversary of the above 7th anniversary of the above 7th anniversary of the fact that the above 7th anniversary of the above 7th anniversary of the above 7th anniversary of the fact that the above 7th anniversary of the above 7th anniversary of the fact that the above 7th anniversary of the above 7th anniversary of the fact that the above 7th anniversary of the above 7th anniversary of the fact that the above 7th anniversary of the above 7th anniversary of the fact that the above 7th anniversary of the above 7th anniversary of the fact that the above 8th anniversary of the ownership transfer registration was invalid, the above 96th of the above 7th answer.

The defendant transmission heat, on October 30, 1958 on the site of this case, has constructed each ground building on the annexed drawing indication (A), (b), and (n) currently occupied and used by the above defendant, and occupied each site in a peacefully performing as owner's intent on October 30, 1978. Thus, in full view of the whole purport of the pleading, the above defendant's defense that the prescriptive acquisition has been completed as of October 30, 1978, as it is proved that the above defendant's testimony on the 1962 testimony on the land of this case, constructed the annexed drawing indication (A) on the land of this case and occupied it in a peaceful and openly performing as owner's intention. Thus, the above defendant's assertion that the above part of the building site of this case was insufficient to recognize that the above defendant occupied the above building site within the limit of 20 years after December 31, 1962, or that the above defendant did not have any other evidence to acknowledge that the above building site of this case was owned by the witness.

Defendant Park Ge-type, trade name, e.g., e., e., e., e., g., g., g., g., g., g., g., g., g., g. g., g. g., g., g. g. g., g., g., g., g. g. g., g. g., g., g. g., g., g. g., g. g., g., g. g., g. g. g.

Therefore, in this case, as long as there is no right to possess the site of this case, the defendant's transmission heat is the person who directly constructed the ground building by the defendant and acquired it in original condition, the remaining parts of the building other than the above (A) and the above defendants have the obligation to remove the building stated in each claim of this case and deliver the land to the plaintiff.

(2) Determination as to the removal of the part of the claim(j) of the Defendant’s transmission heat and the claim for the delivery of the site, as well as the claim against the Defendant Kim-hee, transmission benefit, transmission lodging, Emph, Kim Jong-dong, and sexual interference.

The plaintiff asserts that the above defendants are obligated to remove each of the above buildings stated in the purport of the claim in their possession and deliver each of them to the site. Thus, the above defendants jointly possess the above above ground buildings on their own as part of the above drawings such as Ephee, Kim-dong, Sung-dong, Sung-dong, Sung-dong, Sung-dong, Sung-dong, and Sung-dong, and Sung-dong, which are the same as the above. However, there is no evidence to prove that each of the above buildings belongs to the above defendants' actual possession of each of the above buildings, and the above defendants are in a position to dispose of them. Thus, the above defendants' removal of each of the above buildings in their possession and delivery of the site are without merit.

(3) Thus, the plaintiff's claim of this case against the defendants for removal of each building's purport of the claim and delivery of the site is justified only for the part of the claim within the above recognition scope of defendant's gambling, trade name, transfer of title, immigration records, Kim Tae-young, Kim Jong-young, and the defendant's transmission heat, and the remaining part of the claim against the defendant's transmission heat and the claim against the defendant Kim Jong-hee, transmission of right to transmission, arrival, Lee Jong-dong, Kim Jong-dong, and Sung-dong's sexual interference are without merit. Thus, the original decision is just as it is concluded, and it is dismissed as the plaintiff and the defendant's transmission heat, gambling, trade name, Lee Jong-young, Lee Young-young, Lee Jong-young, Kim Jong-young, and the defendant's appeal is dismissed as it is without merit. With respect to the bearing of litigation costs, Article 96, 89, 92, and 93 of the Civil Procedure Act and Article 19 (1) of the Provisional Execution Act and Article 19 (1) of the Provisional Execution Act.

Judges Jeon Soo-dae (Presiding Judge)