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1. The Defendant shall, on December 31, 1976, support the Plaintiff with respect to the 1,213 square meters of B miscellaneous land at the time of strike to the Plaintiff.
Reasons
1. Basic facts
A. In the 1950s, the Defendant carried out farmland reform with respect to farmland, etc. which is not self-sufficient for the purpose of farmland distribution in accordance with the former Farmland Reform Act (amended by Act No. 561 of Oct. 13, 1960; hereinafter “former Farmland Reform Act”), and was under the circumstances of No. 367 E of Gyeonggi-gun D (hereinafter “the deceased”) around January 10, 1953 (short-term 4286).
on July 10, 1967, the land category was changed to miscellaneous land.
B. On December 31, 1976, the Defendant purchased the above land and used it as a military installation without distributing it, and completed the registration of preservation of ownership on the above land as stated in the order of the Defendant’s name (hereinafter “registration of preservation of ownership”).
C. On March 18, 1992, the Deceased died, and on February 2, 2018, the co-inheritors, including the Plaintiff, agreed on the division of inherited property to solely inherit the deceased’s property. D.
On the other hand, on March 17, 2001, the above land was changed to the administrative district and its name on B miscellaneous land 367 square meters on March 17, 2001, and was converted to B 1,213 square meters on September 29, 2006 (hereinafter “instant land”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of action
A. The following circumstances are revealed as to whether the deceased is the owner of the land of this case at the time of farmland reform: ① Article 13 of the former Enforcement Decree of the Farmland Reform Act (amended by Presidential Decree No. 13282, Feb. 1, 1991); Article 13 of the former Enforcement Decree of the Farmland Reform Act (amended by Presidential Decree No. 13282, Feb. 1, 1991); and Article 13 of the former Enforcement Decree of the Farmland Reform Act (amended by Presidential Decree No. 13282, Feb. 1, 1991) the committee and the head of the Si/Gun/Gu at the location where the