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(영문) 광주지방법원 2016.10.05 2016가단22849
소유권이전등기절차이행
Text

1. As to the Plaintiff A’s share of 3/13 square meters among the 1248 square meters in Hamong-gun G, Chungcheongnam-gun, and the 144 square meters in Hamong-gun, Chungcheongnam-gun.

Reasons

1. Judgment on the plaintiff's claim

A. 1) The facts of recognition are as follows: (a) the land prior to the instant partition is the area of 1392 square meters in G-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant land”).

On September 11, 1948, I acquired the farmland by the defendant under the former Farmland Reform Act. 2) around March 1950, I received the land of this case from the defendant under the former Farmland Reform Act, and I completed the repayment of the farmland price by December 31, 1963.

3) On September 17, 2003, among the instant land, 144 square meters was divided into Hagu-gun, Hagu-nam (hereinafter collectively referred to as “G and H”) and “each of the instant land.”

4) On April 3, 2008, I died on April 3, 2008, and there are the remaining plaintiffs who are the plaintiffs A and their descendants.

5) On November 29, 1996 with respect to each of the instant lands, the registration of ownership transfer was completed in the Defendant’s name on November 29, 1996. [The fact that there is no dispute over the grounds for recognition, the entries in the evidence A, and the purport of

B. Under the former Farmland Reform Act, a person who completed the repayment of the farmland price would acquire ownership of the distributed farmland completely without registration (see, e.g., Supreme Court Decision 78Da2209, Mar. 13, 1979); I acquired ownership of the land prior to the instant subdivision by completing the repayment on December 21, 1963; and following I’s death, ownership was inherited to the Plaintiffs.

Therefore, the defendant, who is the title holder of each of the lands of this case, is liable to implement the procedure for ownership transfer registration as stated in the order according to the shares of inheritance with respect to each of the lands of this case to the plaintiffs.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiffs' claims are with merit.

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