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(영문) 서울중앙지방법원 2014.12.24 2014가단5208661
소유권말소등기
Text

1. The Defendant is each of the District Court with regard to the Plaintiff with regard to the size of B road B 73m2 and C river 337m2 in Yangju-si.

Reasons

1. Facts of recognition;

A. 273 square meters (hereinafter “the land before the instant partition”) prior to the Gyeonggi Yang-gun was divided, a land category change, a unit conversion, and a change in the name of the administrative district in Yangju-si, B road No. 73 square meters, D previous 419 square meters, C river No. 337 square meters, E-4 square meters (hereinafter “instant land”) and registration of preservation of ownership was completed as to the instant land under the Defendant’s name.

B. The land prior to the instant subdivision was included in the farmland distribution subject matter under the former Farmland Reform Act (amended by Act No. 4817 of Jan. 1, 1996; hereinafter “farmland Reform Act”) and distributed to H residing in Gyeonggi-gun G as a result of the implementation of farmland distribution.

C. The amount of redemption to be repaid by H is one hundred forty-six (146) in Bori-ro and one hundred and forty (14) in rice, and the repayment period is entered from 1950 (short-term 4283) to 1954 (short-term 4287). The amount of redemption received shall be stated as follows: (a) the total amount of redemption of three parcels, other than the land before the split-off, shall be three thousand four hundred and forty-four (shortterm 4290) in Bori-ro and four (shortterm 4291), and H shall be described as one repayment in 1958 (shortterm 4291).

In addition, the amount of redemption shall be stated in the farmland annexed to the land before the division of this case as the rice with the amount of redemption being at least 114.

On August 26, 1954, H, the Plaintiff’s prior domicile in both States I, died on August 26, 1954, and only succeeded to his property by J, the principal debtor of his property. On January 5, 1976, J died and jointly succeeded to L, M, Plaintiff, N,O, P, and Q, the principal debtor of his property.

[Reasons for Recognition] A without dispute, entry of evidence Nos. 1 through 13, remainder of both sides of this Court, results of fact inquiry to the director of Seoul Archives Information Center, the purport of the entire pleadings

2. Determination as to the cause of claim

A. In full view of the evidence and the overall purport of the argument of the Plaintiff’s prior to the Plaintiff’s prior selection and distribution, H, a farmland receiver, as well as the Plaintiff’s prior selection.

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