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(영문) 의정부지방법원 고양지원 2018.06.08 2017가합73498
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The 143 square meters (473 square meters; hereinafter “instant land”) owned by K at the time of May 1, 1925. However, around February 19, 1969, the registration of ownership transfer for the instant land was completed on the ground of a trust in the future of the Joseon Trust Co., Ltd. around 1940.

B. Since then, on March 30, 1993 with respect to the instant land, the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) changed its name as “Korea Land and Housing Corporation,” and the Defendant succeeded to the rights and obligations of Korea Land and Housing Corporation under the Korea Land and Housing Corporation enacted on May 22, 2009; hereinafter collectively “Defendant”), the registration of ownership transfer was completed for public land acquisition on December 8, 1992. On April 22, 1996, the replotting disposition under the Land and Housing Readjustment Project Act was incorporated into the land of Gyeyang-gu Handong-gu H57,882.4 square meters along with other land.

C. Since then, on May 15, 1996, the registration of ownership transfer was completed in the name of the Military Personnel Mutual Aid Association on the land of Goyang-gu, Goyang-gu H on May 15, 1996, and the registration of ownership ownership ownership right was completed on July 11, 1996 on the apartment and commercial premises constructed.

On the other hand, on June 28, 1991, the registration of ownership transfer was completed on June 18, 1991 with respect to the land size I 23,887.7 square meters in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul. The registration of ownership transfer was completed on June 20, 1996, and thereafter the registration of ownership ownership right was completed.

[Reasons for Recognition] Each entry of Gap evidence Nos. 3 through 14 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The instant land owned by the deceased K (the deceased on April 14, 1947, hereinafter “the deceased”) which caused the Plaintiff’s claim is a non-self-owned farmland, which was purchased at the time of the enforcement of the former Farmland Reform Act on June 21, 1949 and confirmed as a distributed farmland, but was not distributed to the deceased. Thus, the ownership is not distributed to the deceased.

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