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(영문) 서울중앙지방법원 2015.09.09 2014가합570696
소유권이전등기
Text

1. Defendant Republic of Korea has dismissed the Plaintiffs’ primary claim against the Defendants.

Reasons

The summary of the instant case is that the ownership of each land listed in the attached Table 1 real estate list (hereinafter “instant land”) purchased from the State pursuant to the former Farmland Reform Act (amended by Act No. 31 of Jun. 21, 1949, repealed by Act No. 4817, Dec. 22, 1994; hereinafter the same shall apply) was reverted to the Plaintiffs, etc., who are the heir of the network E, the original owner, as the primary claim, on the ground that the ownership of each land listed in the attached Table 1 real estate list (hereinafter “instant land” and individual real estate is indicated in the same manner as “land”) was returned to the State. As such, the Plaintiffs first seek the registration of cancellation or substitution of the ownership transfer registration of the instant land against the Defendants as the primary claim, and ② as the preliminary claim in preparation for impossibility of performance (the so-called supplementary claim, which constitutes a claim for simple consolidation, due to its nature) seeking damages against the Defendant Republic of Korea for a tort without permission.

In fact, the instant land was divided into two thousand and merged as indicated in the attached Table 3, between December 22, 1975 and March 5, 2014, while the instant land was located in the 2,025 square meters (6,694 square meters, hereinafter “land before division”) prior to the Gyeonggi Macheon-gun, Gyeonggi-do.

The land 1 is a G-type 1,025 square meters prior to the merger with a piece of land prior to the annexation, and the land falls under the part 1,192 square meters prior to the annexation and the part 1,192 square meters prior to the annexation and the part 1

The defendant Republic of Korea completed the registration of ownership preservation on the land of this case on November 30, 1958, and completed the registration of ownership transfer on October 27, 1975 on November 15, 1975.

Since then, on February 28, 1976, the transfer registration for the land Nos. 1 and 8 was completed on the ground of sale on January 16, 1976.

On September 30, 1991, the building was newly constructed on the ground of land No. 1 and the J has completed the registration of ownership preservation.

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