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(영문) 수원지방법원 2016.02.18 2015가합61050
소유권보존등기말소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant Pakistan completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) under the Act on Special Measures for the Registration, etc. of Ownership of General Farmland (Act No. 1657; hereinafter “Special Measures Act”) on June 30, 1965 with respect to the 1,630 square meters (1,630 square meters (hereinafter “instant land”).

B. The instant land was changed to 19,011 square meters of the current school site B in Pakistan-si (hereinafter “instant school site”), following the process of division, merger, etc., and the Defendant Gyeonggi-do completed the registration of transfer of ownership as the receipt No. 16476, Jun. 19, 192, with respect to the instant school site as to the Kuyang-si District Court, Yangyang-do Branch Office of High-do, 1992.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4 through 9, purport of the whole pleadings

2. The plaintiff's assertion and judgment on the assertion

A. The Plaintiff’s assertion D owned the instant land on June 16, 1913, and died on April 13, 1966, and thereafter, the Plaintiff inherited the instant land solely through an agreement on the division of inherited property. The Plaintiff’s appraisal of the instant land is included in the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 29, 30, 32, 334, 35, 37, 38, 394, 464, 47, 465, 47, 465, 47, 47, 47, and 51.

Since the Farmland Reform Act was enforced at the time of the completion of registration of preservation of ownership on the instant land at the time of the completion of registration of preservation of ownership, the completion of registration of preservation of ownership on the instant land is unlawful, and the registration of preservation of ownership under the Act on Special Measures for the Land refers to the land, regardless of its legal category, the phenomenon of land is limited to the land actually used for the actual cultivation.

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