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(영문) 서울고등법원 2015.06.17 2015나2000371
소유권이전등기
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 for the court’s explanation on this part of the facts is as stated in the part on “1. Recognizing facts” among the grounds for the judgment of the court of first instance. Therefore, this part is cited by the main sentence of Article 420 of the Civil Procedure

2. Each forest of this case claimed by the plaintiffs became unnecessary for military purposes after five years have passed since the redemption of the requisitioned compensation securities issued as purchase price under the Requisition Property Act was completed.

Therefore, the plaintiffs, as the person subject to requisition or his heir of each forest of this case, seek the implementation of the procedure for ownership transfer registration as stated in the purport of the claim while exercising the preferential right to purchase each forest of this case by delivering a copy of the complaint of this case to the defendant as to each forest of this case pursuant to Article 20-2 (1) of the Requisition Property Act, and seek confirmation that the plaintiffs are the parties to a negotiated contract stipulated in Article 20-2 of the Requisition Property Act.

3. Determination

(a) Article 20 (Right of Repurchase) (1) of the Requisitioned Property Act (hereinafter in this Article referred to as the "Right of Repurchase") (1) If the whole or part of the property concerned becomes unnecessary for military purposes, or within five years after the redemption of the securities paid as the purchase price of the requisitioned property purchased under this Act is completed or within five years after the redemption is completed, the person requisitioned or his heir (hereinafter in this Article referred to as the "holder of the Right of Repurchase") may make

In such cases, the redemption right holder shall pay to the National Treasury the amount calculated by adding the interest at the rate of five percent per annum to the price at the time of purchase of securities from the year of issuance to the

(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.

Provided, That when the address or residence of the repurchase right holder is unknown, it shall be publicly announced in two or more daily newspapers with two or more times.

(3) The redemption right holder shall be the person under paragraph (2).

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