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(영문) 서울중앙지방법원 2018.08.29 2017가합578707
손해배상(기)
Text

1. The defendant's KRW 657,00,200 for each of the plaintiffs and 5% per annum from January 1, 1999 to July 3, 2018.

Reasons

1. Facts of recognition;

A. Farmland distribution, etc. for G-dong land 1) The land of approximately KRW 300,000 square meters (hereinafter “the G-dong land of this case”) including the G-dong 416 square meters in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul.

(2) After the amendment of the Farmland Reform Act was promulgated on March 10, 1950, the farmland distribution procedure was conducted as to the Gdong land in this case, and the person who received farmland distribution from the Defendant was paid a partial payment during the period from 1950 to 1952. However, around May 1953, the Ministry of National Defense asserted that the Gdong land in this case was owned by the Army on the ground that it was owned by the Army, and the land in this case was used as a military facility or military land, and thus, the land category on the register continued to remain as a paddy field. The land in this case was cultivated as farmland by the original farmer. Since the Farmland Reform Act was promulgated on March 10, 1950, the farmland distribution procedure was conducted as to the land in this case, and the person who received farmland distribution from the Defendant was also obligated to pay a partial payment during the period from 1950 to 1952.

The Seoul Special Metropolitan City started the new construction of 1,200 units of public housing to remove the standard house, 1,100 units of simple housing, and completed the construction completion occupancy on August 9, 1962, and created I, J elementary school, K market, private housing site, etc. in the above G Dong group.

B. On June 19, 1964, the number of 85 persons, including L and net M, including farmers, filed a civil lawsuit and winning 1) filed a lawsuit against the defendant on June 19, 1964 to seek the implementation of the procedure for ownership transfer registration (the above court filed a lawsuit against the defendant for the implementation of the procedure for ownership transfer registration on the ground that he/she was allocated the 78,422 of the land in the Gdong-dong.

The Seoul Central District Court rendered a favorable judgment on March 9, 1967 against the above plaintiffs, and the Seoul High Court made a favorable judgment on February 9, 1968.

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