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(영문) 서울중앙지방법원 2018.12.06 2017나77161
소유권이전등기
Text

1. The plaintiff's appeal and the plaintiff's main claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. Each of the instant lands was owned D. The Defendant issued securities of KRW 3,380 on September 1, 1971 in accordance with the Act on Special Measures for Readjustment of Requisitioned Property (hereinafter “Regulatory Property Act”) and completed the registration of ownership transfer under the Defendant’s name on July 15, 1978 after purchasing land B at the time of sowing out of each of the instant lands, and completed the registration of ownership transfer on September 1, 1973 by issuing securities of KRW 49,400 for purchase price on September 1, 1973, and completed the registration of ownership transfer under the Defendant’s name on February 24, 1978.

B. D died on June 26, 1981, and D’s co-inheritors, including the Plaintiff, agreed on the division of inherited property to inherit each of the instant land solely by the Plaintiff around October 2016.

[Ground of recognition] Facts without dispute, Gap evidence 2, 7 (including virtual number; hereinafter the same shall apply), Eul evidence 1 and 2, the purport of the whole pleadings

2. Judgment as to the main claim

가. 원고의 주장 피고는 이 사건 각 토지를 징발재산법에 따라 매수할 당시부터 현재까지 이 사건 각 토지 중 청구취지 기재 ㉮, ㉯, ㉰, ㉲, ㉳, ㉵부분(이하 ‘계쟁토지’라 한다)을 군사상 목적으로 사용하지 않고 있다.

Therefore, since a repurchase right under Article 20(1) of the Requisitioned Property Act was created with respect to the land in dispute because the land in dispute becomes unnecessary for military purposes within five years before the end of the redemption of the securities paid as purchase price for each land in this case, which is the requisitioned property, or within five years after the redemption of the securities is completed, the Defendant is obligated to implement the registration procedure for transfer of ownership on the land in dispute to the Plaintiff on September 6, 2018, when receiving KRW 179,452 from the Plaintiff pursuant to Article 20(1) of the Requisitiond Property Act.

B. (1) The actual provisions of the relevant laws and regulations are as follows: (1) The securities issued under this Act, such as redemption of securities, etc., shall be repaid in equal installments for ten (10) years from the date of their issuance, and the interest rate on redemption shall be annual.

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