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(영문) 서울고등법원 2016.11.29 2016누49473
손실보상금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation as to this case is as follows, except for the addition of the following contents under the 8th sentence of the judgment of the first instance, and thus, it is consistent with the reasoning of the judgment of the first instance. Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

【Unless there is any evidence supporting that W acquired the ownership transfer registration in its name by December 31, 1965, under Article 10(1) of the Addenda to the Civil Act, even if W acquired real estate at the time of the enforcement of the Act by transfer from U, who is the circumstance prior to the enforcement of the Act, but failed to register within six years from the enforcement date of the Civil Act, the ownership of the real estate acquired by the said sale shall be forfeited pursuant to Article 10(1) of the Addenda to the Civil Act (see, e.g., Supreme Court Decision 2006Da30921, Apr. 9, 2009). Since W had not been found to the effect that the ownership transfer registration in its name was completed within 6 years from the enforcement date of the Civil Act with respect to the land prior to the enforcement date of the Act, W shall be deemed to have lost the ownership transfer registration in accordance with Article 10(1) of the Addenda to the Civil Act before the enforcement date of the Act.

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