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(영문) 서울남부지방법원 2017.05.17 2016가단260053
소유권이전등기
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Land Survey Book of “Dari-ri” is registered as the owner of the land prior to the subdivision as indicated below by E, and the F, G, H, I, and J land partitioned from the land prior to the subdivision became each land listed in the separate sheet with the change of the name of the farmland improvement project and the administrative district after the subdivision.

Land partitioned before subdivision 1 K, 261, 256, etc. (Subdivision of February 15, 1967) L L 1238 G G 1095, H 79, etc. (Subdivision of January 12, 1965) 3 M M 580 I 528, J 19, etc. (Subdivision of January 12, 1965)

B. On January 12, 1965 with respect to the above G, H, I, and J land, registration of ownership was completed in accordance with the former Act on Special Measures for the Transfer, etc. of Ownership of General Farmland (amended by Act No. 1657, Sept. 17, 1964; hereinafter “former Act on Special Measures for Farmland”) under the Defendant’s father’s name on January 12, 1965, and registration of ownership transfer for the above F land was completed in the name of N on May 30, 1967.

C. N on March 31, 1986, died, and the defendant, as his inheritor, completed the registration of ownership transfer on each land listed in the separate sheet on July 15, 1994 due to the consultation and division of inherited property. Each of the above land was continuously occupied by the defendant via N.

[Ground of recognition] Facts without dispute, Gap, 14 through 18, Eul 1 through 8 (including provisional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the plaintiffs' assertion 1) Since the plaintiffs' pre-division E acquired the land in original condition before the subdivision, the registration of preservation of ownership in the name of the Republic of Korea, G, H, I, and J land completed on January 12, 1965, which was completed on October 30, 1961 with respect to F land in the name of the Republic of Korea, G, H, I, and J on January 12, 1965, there is no presumption of right to property preservation. 2) The registration of ownership transfer in the name of the Republic of Korea was completed on February 15, 1967, but there was no record that the O repaid the land in the redemption ledger, which was completed on February 15, 1967.

Therefore, February 28, 1967.

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