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(영문) 서울동부지방법원 2017.12.20 2016가합103352
소유권이전등기
Text

1. From the Plaintiff’s succeeding Intervenor, Defendant G, H, and I respectively KRW 240,220,000,000 by Defendant J, respectively, and KRW 131,480,000 by Defendant J.

Reasons

1. Basic facts

A. The land listed in the annexed Form 1, which P owned (hereinafter “instant land”) was requisitioned on September 23, 1971 and the ownership transfer registration was completed on October 25, 1971.

B. On July 9, 1983, after the completion of redemption of the securities received as the sale price of the instant land, P entered into a repurchase right agreement on the instant land with Q and transfer price of KRW 1.5 million (hereinafter “instant transfer/acquisition right agreement”). The written contract (Evidence A2) states that “the instant land is all the repurchase right and all the rights on the instant real estate at the time of repurchase in accordance with Article 20 of the Act on Special Measures for Readjustment of Requisition for Requisitioned Property” on the subject of transfer/acquisition.

Since Q transferred on July 22, 1983 to R and S 2.2.5 million won, R and S transferred to T on August 10, 1983 3.9 million won, and T to A on July 16, 1985 10 million won.

C. Articles 20(1) and 20(1) of the former Act on Special Measures for Readjustment of Requisitioned Property (amended by Act No. 4144, Dec. 21, 1989; hereinafter “former Requisition”) (1) Article 20(1) of the former Act on Special Measures for the Settlement of Requisitiond Property (amended by Act No. 4144, Dec. 21, 1989; hereinafter “former Requisition”) (1) of the said land is used continuously for military purposes not later than five years after the redemption of the securities purchased under this Act, or within five years after the completion of the redemption thereof, if the whole or part of the pertinent property becomes unnecessary for military purposes, the person requisitioned or his heir (hereinafter “re-purchase right”) may make a preferential

The repurchase right based on the omitted terms has ceased to exist on September 1987.

However, on December 21, 1989, Articles 20-2(1) and 20-2(Disposition of Requisitioned Property) of the Amendment of the Requisitioned Property Act (Disposition of Requisitioned Property) ① After the lapse of five years from the date of termination of redemption of securities paid with the purchase price of requisitioned property purchased under this Act.

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