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(영문) 서울중앙지방법원 2015.04.01 2014가단188915
소유권이전등기말소
Text

1. As to the Plaintiff, with respect to the land size of 460 square meters in Gyeonggi-do Kimpo-si:

A. Defendant Republic of Korea shall be the vice-branch of the Incheon District Court.

Reasons

1. Basic facts

A. The Plaintiff’s Chopo-gun D completed the registration of transfer of ownership on March 31, 194 (No. 31, 199 March 31, 194) with the Busan District Court’sbucheon Branch Kimpo-gun’s Office No. 1500, Gyeonggi-do Kimpo-gun E, 158.

B. The answer 158 of the above Gyeonggi-do Kimpo-gun E was divided on July 30, 1946, and F 15 square meters and C 143 square meters.

From this point of view, Kimpo-gun-gun, Gyeonggi-do 143 (143) was re-divided on January 31, 1953 and C 139 and G 4 (4).

In this regard, the Gyeonggi-do Kimpo-gun C 139 square meters (hereinafter referred to as the “instant real estate”) was 460 square meters at the present Gyeonggi-do Kimpo-si, Gyeonggi-do, through the conversion registration of the area and the change of the name of the administrative district.

C. Defendant Republic of Korea completed the registration of transfer of ownership on the instant real estate by reason of sale on March 17, 1969, No. 1174 received on March 17, 1969, as to the instant real estate.

As to the instant real estate, Defendant B completed the registration of creation of superficies in accordance with the above Kimpo-si Office No. 4972, Sept. 18, 2007, and April 27, 2007, and the Defendant National Bank (hereinafter “National Bank”) completed the registration of creation of superficies in accordance with the above Kimpo-si Office No. 64443, Nov. 8, 201, with the maximum debt amount of KRW 52,00,000, and the registration of creation of superficies in accordance with the above Kimpo-si Office No. 64444, Nov. 8, 201.

E. Along with D's death on December 20, 1949, I independently succeeded to D's property, and I died on February 12, 1994, the above I's wife J, G, K, L, M, and N respectively jointly succeeded to D's property.

In addition, as the J died on June 9, 1999, the plaintiff, K, L, M, and N, who was an awareness of the property, jointly inherited the property.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-1-3, Eul evidence 2-3, Eul evidence 6-C, the purport of the whole pleadings

2. The parties' assertion

A. Defendant Republic of Korea’s assertion is in the former Farmland Reform Act (repealed by Act No. 4817, Dec. 22, 1994; hereinafter “farmland Reform Act”).

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