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(영문) 대구지방법원 2018.02.27 2016가단132311
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The 61 square meters (202 square meters) of the Daegu Southern-gu E-road was owned by F. The Defendant, while accepting the said real estate under the Act on Special Measures for National Security, deposited the purchase price on September 1, 1976, completed the registration of ownership transfer in the future of the Defendant on the ground of expropriation on July 4, 1978, and F received the said deposit on March 3, 1979.

Since the above real estate was incorporated into the D land in Daegu-gu, Daegu-gu around June 7, 1988, it remains now.

B. The instant real estate was donated to G by the Defendant to H and used as a site for H’s training and military operations. From March 2002, I reflected the contents of the instant real estate and the instant agreement on the management and disposal of the prospective site to be returned on or around February 9, 201, and the agreement was concluded on December 24, 2013.

C. Meanwhile, as the F died on June 19, 1989, the F was inherited by the Plaintiff, B, and C, who is the spouse, according to their legal shares.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 6 through 9, Eul evidence 2, fact-finding results on Daegu Metropolitan City, the purport of the whole pleadings

2. Article 20 (Right of Repurchase) (1) of the Act on Special Measures for Readjustment of Requisitioned Property (hereinafter referred to as the "Retaliatory Property Act") (hereinafter referred to as the "Retaliatory"), when the whole or part of the pertinent property becomes unnecessary for military purposes within five years before the redemption of the securities paid for the purchase price of requisitioned property purchased under this Act is completed or within five years after the redemption thereof is completed, the person requisitioned or his heir may make a preferential purchase.

(2) The Minister of National Defense shall, when any property to be sold under paragraph (1) arises, notify the redemption right holder of such intention.

Article 20-2 (Disposition of Requisitioned Property) (1) After five years have elapsed from the date on which redemption of securities paid with the purchase price of requisitioned property purchased pursuant to this Act was completed.

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