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1. Of the real estate listed in the separate sheet, the defendant shall pay to the plaintiff A for the share of 1/4, and to the plaintiff B for the share of 3/4.
Reasons
1. Basic facts
A. The deceased C (the deceased on March 16, 1975, hereinafter “the deceased”) was distributed by the Defendant around 1948 the real estate indicated in the attached Form (hereinafter “instant land”).
B. At the time of the death of the deceased, the Plaintiff A is a father in the same family register, and the Plaintiff B is a family heir, and the Plaintiff’s inheritance shares in the deceased are 1/4, and the inheritance shares in the Plaintiff B are 3/4.
C. The defendant completed the registration of ownership transfer on May 21, 1992 due to the reversion of rights on the land of this case on September 11, 1948.
Before the death of the deceased, the deceased cultivated the land of this case, and thereafter the plaintiffs cultivated it, and the graves of the deceased are on the land of this case.
[Ground of recognition] Facts without dispute, Gap Nos. 3, 4, 5 (including virtual number; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. 1) As the deceased completed the repayment of the instant land on December 6, 1963, the Defendant is obligated to implement the procedure for ownership transfer registration to the plaintiffs. 2) The Defendant’s death, pursuant to Article 2 of the former Farmland Act (amended by Act No. 4817 of Dec. 22, 1994 and enforced January 1, 1996), was not completed the redemption and registration by December 31, 1998, within three years from the enforcement date of the said Act, and the sales contract of this case was terminated, which became final and conclusive as not to distribute the instant land. Thus, the Plaintiffs’ assertion is without merit.
B. As to whether the deceased completed the repayment of the instant land, comprehensively taking account of the health team, Gap evidence Nos. 2 and 6, and the fact-finding results with respect to the National Archives, it is recognized that the deceased entered “short-term 4294” in the repayment ledger, but this appears to have been stated “94” in the short-term “4294”) on December 6, 1963. Thus, the defendant is obligated to implement the registration procedure for transfer of ownership based on the sale on the above date to the plaintiffs.
3. Conclusion.