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(영문) 서울중앙지방법원 2016.10.20 2016가단5104114
소유권말소등기
Text

1. The defendant shall make the plaintiff on October 1995 with respect to the area of 114 square meters in Nam-si, Namyang-si, Gyeonggi-do.

Reasons

1. Basic facts

A. According to the land survey division prepared by the land survey project at the Japanese occupation point period, the “Do Yangju-gun Co., Ltd. 1,331 square meters” (hereinafter “instant assessment land”) is indicated as being under the circumstances of D.

B. After that, in the instant assessment land, the Gyeonggi-do Ma-gun E 1,044 square meters (hereinafter “the land before the instant subdivision”) was divided, and again, the land before the instant subdivision was subdivided into E, 987 square meters and B, 57 square meters on December 10, 1958, and the land before the instant subdivision was subdivided into 57 square meters, B, 57 square meters (18 square meters) on March 30, 1970, and was subdivided into B, 114 square meters (hereinafter “the instant land”) and F, 74 square meters on April 8, 1986.

C. The land before the instant partition was land subject to farmland distribution under the former Farmland Reform Act (amended by Act No. 4817 of Dec. 22, 1994; hereinafter “former Farmland Reform Act”). Of the land partitioned from the land before the instant partition, the Gyeonggi-do Yang-gun E case No. 987 was completed for distribution to G, while the remaining land in B No. 57 was completed for the land in question, the registration of ownership preservation under the name of the Defendant was completed (hereinafter “the instant registration of ownership preservation”) by the Namyang-gu District Court of the Republic of Korea (Seoul District Court No. 60624 of Oct. 26, 1995).

The Plaintiff’s legal domicile is “Seoul-do Yangju-gun I,” and H died on September 21, 1957, and upon his death on his own succession to his property, his wife K and his children, including the Plaintiff, jointly inherited his own property on March 27, 1996.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, 3, Gap evidence 4-1, 2, 3, and Gap evidence 6, and the purport of the whole pleadings

2. Determination

A. At the time of the instant farmland reform, the health belt is to determine whether L as indicated in the owner column of land cadastre, prop report, and letter of guarantee and H as the plaintiff’s assistance are the same.

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