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(영문) 서울중앙지방법원 2016.02.17 2015가단5166696
소유권말소등기
Text

1. The defendant on December 29, 1959 with respect to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Facts of recognition;

A. In the course of distributing farmland pursuant to the former Farmland Reform Act (repealed by Act No. 4817 of Dec. 22, 1994, Article 2 subparagraph 1 of the Addenda to the Farmland Act, the same applies hereinafter), Gyeonggi-do Seocheon-gun B No. 1234 (hereinafter “the land before the instant subdivision”) was planned to be divided into 834 square meters and 400 square meters and distributed to each other.

However, it was not possible to distribute the land of 400 square meters because the person scheduled to distribute the land has renounced the repayment after the redemption.

B. On December 30, 1958, the land before the instant subdivision was divided into 1,025 square meters (as indicated in approximately 310 square meters, Nos. 1 in the separate sheet; hereinafter the same shall apply), D 2,764 square meters (hereinafter “D land”) and E 290 square meters (as indicated in approximately 88 square meters, Nos. 88 and 2 in the separate sheet; hereinafter the same shall apply) respectively.

The size of farmland not distributed among the lands before the division of this case shall be corresponding to the aggregate of the size of C and E land.

C. On December 29, 1959, the Defendant completed the registration of ownership preservation (No. 1411 of the receipt on December 29, 1959) with respect to land C and E. D.

The land prior to the instant partition and the 834 square meters of the completion of redemption are written as the owner of the prop report, the farmland confirmation sight table by prop, the issuance of land price securities, the distribution farmland register, and the distribution farmland register, and the G residing in the Gyeonggi-do Seocheon-gunF.

E. In addition, the repayment ledger and the duplicate of the repayment ledger concerning distributed farmland are written that the original owner of at least 400 square meters (C and E land) who had not been repaid out of the land before the instant partition is G residing in H.

F. The plaintiff Chocheon-si F had his permanent domicile and domicile in the "Macheon-si F," and the plaintiff jointly succeeded to the net G's property through I upon the death of G and I as the children of I, the male head of G, respectively, on July 5, 1958 and August 18, 1998.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 13 evidence (including additional number), the purport of the whole pleadings

2. Determination.

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