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(영문) 서울고등법원 2017.12.08 2017나2031676
손해배상(기)
Text

1. Of the part against the defendant in the judgment of the court of first instance, the part against the plaintiffs who fall under the following order of payment.

Reasons

Basic Facts

A. The JJ 2,776 leveled on June 20, 1956, the GJ 2,776 leveled into the 471-Y, L 345 level, M 731 level, D 1,229 leveled on June 20, 1956.

The above K, L, and M each land were enacted and implemented by Act No. 31 of Jun. 21, 1949, and were distributed to farmers pursuant to the former Farmland Reform Act (repealed by Act No. 4817 of Dec. 22, 1994; hereinafter “former Farmland Reform Act”). As to each of the above land, the registration of ownership preservation was completed on May 12, 1960 in the name of the Defendant for each distribution.

The allocation farmland register of N of Gyeonggi-do Seosung-gun stated that the compensationer for the above K, L, and M is P residing in theO.

B. G on May 29, 1963, May 29, 1963, which was after the death of P residing in the Gyeonggi-do Masung-gun D (hereinafter “instant land”) did not have been distributed, and G on May 29, 1963, which was after the death of P residing in the Masung-gun, completed the registration of initial ownership of P’s 6/9 shares out of the instant land, and P’s 6/9 shares out of the instant land, and P’s 1/9 shares out of the instant land.

C. Based on Article 5 subparag. 2 of the Farmland Reform Act, the Defendant completed the registration of ownership transfer as to the instant land by the Suwon District Court Seosung Branch Office No. 22353, Aug. 19, 1970, on the ground that the Defendant purchased the instant land from G, E, and F on June 21, 1949.

On March 31, 1976, the Defendant sold the instant land to H, and completed the registration of ownership transfer on October 27, 1977, and H sold the instant land to I on November 7, 1977 and completed the registration of ownership transfer on November 18, 197.

I sold this case's land to co-defendant C on January 11, 1988, and completed the registration of ownership transfer as the receipt No. 2989 on January 20, 198.

E. G died on January 29, 200, and E and F, a child, inherited each of the shares of G property.

E on May 14, 2006, and F on May 25, 2000, respectively, died, and each co-inheritors of E and F.

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