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(영문) 서울중앙지방법원 2015.01.26 2014가단87210
소유권말소등기등
Text

1. As to shares of 617/2,485 shares in E Park 2,685 square meters in Sungsung-si, E Park 2,685.8

A. Defendant Republic of Korea shall be the Republic of Korea.

Reasons

1. Facts of recognition;

A. Under the former Farmland Reform Act (repealed by Article 2 subparagraph 1 of the Addenda to the Farmland Act, Act No. 4817 of Dec. 22, 1994), Defendant Republic of Korea purchased 599 square meters (relevant cadastral records, etc. were all destroyed due to an incident; hereinafter “instant farmland”) from G as its owner, and distributed the repayment period from 1950 to 1954 to H.

However, H waived repayment and returned the farmland of this case to Defendant Republic of Korea.

B. After December 30, 1958, the farmland of this case was divided into three hundred forty-six square meters (hereinafter “the land of this case”) and twenty five-three square meters (hereinafter “the ditches before the division of this case”). With respect to the land of this case, the registration of preservation of ownership has been completed under the name of the defendant Republic of Korea on July 11, 1959. As to the ditches before the division of this case, the registration of preservation of ownership has been completed under the name of G on December 16, 1968 and the same day immediately after the date when the registration of preservation of ownership has been completed under the name of G on June 21, 1949 (the enforcement date of the former Farmland Reform Act).

The registration of transfer of ownership in the port (hereinafter referred to as "registration No. 1") was completed.

On July 10, 1986, the ditches prior to the instant partition were again divided into 617 square meters for I ditch (hereinafter “instant ditch”) and 134 square meters prior to J, and 85 square meters prior to K.

C. After that, the surrounding lands, including the ditches of this case, are incorporated into the housing site development project where the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) had progress, and the ditches of this case are placed under the order of the Defendant Corporation’s name on the grounds of gratuitous reversion as of January 5, 2005.

At the same time, the registration of transfer of ownership in the port of entry (hereinafter “registration No. 2”) has been completed, and on the same day, the joint land substitution was disposed of as the E Park 2,685m2,68m2 (hereinafter “instant park”) in Sungsung-si, E Park 1,868m2 (hereinafter “instant park”).

On the other hand, G died on December 1, 197, and is currently the heir.

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