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(영문) 서울중앙지방법원 2016.08.12 2016나12464
소유권보존등기말소 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The land which was assessed by H on October 1, 1913 before the Namyang-si, E (hereinafter “the land before the instant subdivision”) is indicated as the land before the instant subdivision by G residing in I acquired the land before the instant subdivision from H, according to the old land cadastre concerning the land before the instant subdivision.

B. In addition, the farmland division concerning the land prior to the instant division, the case pertaining to the issuance of land price securities as of May 9, 1955, the land price certificate issuance protocol, prop statement, redemption ledger, and duplicate of the redemption ledger are also indicated as the owner of G G residing in I.

C. However, since June 21, 1949, the Farmland Reform Act (amended by Act No. 4817, Dec. 22, 1994; hereinafter “former Farmland Reform Act”) was enforced. The Defendant purchased the land before the subdivision of this case, which became distributed farmland, from G, and distributed it to O with the RU land and S land in Namyang-si, Namyang-si, and PO distributed it to 8Du89, as consideration for the land before the subdivision of this case. As consideration for the land before the subdivision of this case, 5 4Du35, and 6 of grain were repaid from O as consideration for the farmland before the subdivision of this case.

However, as consideration for farmland in the above three parcels, the O repaid only 8-2 7 kinds of grain.

On the other hand, Defendant Republic of Korea completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership of this case”) on the land before the division of this case by receipt No. 32 on January 7, 1959, and thereafter, the land before the division of this case was changed to the site on April 25, 2007, and was divided into the land listed in the attached Table No. 1 (hereinafter “the land No. 1”) and the land listed in the attached Table No. 2 (hereinafter “the land No. 2”) on August 13, 207 and the land listed in the attached Table No. 2 (hereinafter “each land of this case”).

E.F accepted August 28, 2007 as to the land No. 1 of this case by the Ji Government District Court, Namyang-ju Registry.

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