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1. The plaintiffs' appeal and the defendant's appeal extended in the appellate court are all dismissed.
2. The appeal costs.
Reasons
Basic facts are based on each land survey set up under the Land Survey Order during the Japanese Occupation Period and each land cadastre, and each of the following facts are stated as follows: (a) the Plaintiff’s Dogman’s Dogman’s Dogman’s Dogwon-gun’s 142, E, 1,099, F, 698, G, 1,581, and H 836, respectively (hereinafter “real estate before the instant subdivision”).
After the change of administrative district and land category, the approximately 142 E was divided into the real estate listed in paragraph (1) of the attached Table of Real Estate. The approximately 1,099 E was divided into K, L, and M, and each of the real estate listed in paragraphs (2), (3), and (4) of the attached Table of Real Estate. The approximately 698 E was divided into N and was merged into the real estate listed in paragraph (5) of the attached Table of Real Estate. The approximately 1,581 E was divided into N and P, and each of the real estate listed in paragraphs (9) through (14) of the attached Table of Real Estate was combined with P, R, S, T, U,V, and W. The approximately 836 E was divided into each of the real estate listed in paragraphs (9) through (14) of the attached Table of Real Estate.
(1) On August 15, 1956, the above I died on the attached list Nos. 1 to 14, 1956, and succeeded to the property independently by the deceased X, a family head heir. The above X died on January 10, 1994, and inherited the property to the deceased Y and the plaintiffs, a spouse, who are their children. As the deceased on February 18, 1997, the plaintiffs jointly succeeded to the property, and the plaintiffs eventually succeeded to the property of this case one-third shares.
Meanwhile, the real estate prior to the instant partition was included in the farmland subject to purchase by the Defendant pursuant to Article 2 subparagraph 1 of the Addenda of the Farmland Act (Act No. 4817 of Dec. 22, 1994, hereinafter “former Farmland Reform Act”) of the former Farmland Reform Act. The portion of the real estate prior to the instant partition was distributed to the farmers (distribution farmland), the owner of the farmland, or the owner of the farmland, after being surveyed in the actual process of farmland distribution.