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(영문) 서울중앙지방법원 2017.04.27 2016가단5213674
소유권보존등기말소등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Under the former Farmland Reform Act (amended by Act No. 31 of Jun. 21, 1949, which was repealed by Act No. 4817 of Dec. 22, 1994; hereinafter “former Farmland Reform Act”), the Defendant purchased from C the approximately B 1,568 square meters (hereinafter “pre-division land”). The written application for confirmation of land by piece, land price assessment, and compensation set up at the time of distribution of the said farmland was entered into the “Seoul Seodaemun-gu, Seodaemun-gu,” and written by F, who is located in Seoul as the prop of the land before subdivision and entered in the “Seoul Seo-gu,” and written by F, who is located in Seoul as the prop of the land before subdivision in the original land cadastre and distribution ledger of the farmland and distribution ledger of the farmland before subdivision.

B. On December 29, 1961, the land before subdivision was divided into KRW 109, G (hereinafter “instant land”) and KRW 764, H, and KRW 610 (hereinafter “instant land”) before I, and KRW 85, before J (hereinafter “instant four land”).

C. Since March 23, 1962, each registration of ownership preservation was completed on the land of this case 1, 2, 3, and 4 under the name of the defendant, and the above on April 20, 1962

(b) Partition of lots has been completed upon the division of land recorded.

After January 19, 1963, with respect to the land of this case 2, the registration of transfer of ownership due to the completion of repayment to K, and with respect to the land of this case 3 and 4, the registration of transfer of ownership due to the completion of repayment to L was completed.

The plaintiffs' prior deceased M on February 1, 2005, and the plaintiff is one of the successors as the children of the deceased M.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including branch numbers in case of additional number), Eul evidence No. 1-1 to 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted by the parties, although the Defendant purchased the land before subdivision owned by the Plaintiff’s prior to subdivision pursuant to the former Farmland Reform Act, in the case of the instant land 2, 3, and 4 among the land before subdivision, the former Farmland Reform Act.

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