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(영문) 서울중앙지방법원 2017.09.05 2017가단5046253
소유권이전등기말소
Text

1. The Defendant received on March 19, 1969 from the Suwon District Court on the Plaintiff with respect to the land size of 1,66 square meters in Pyeongtaek-si B.

Reasons

1. Facts of recognition;

(a) The Forest Survey Division of the Gyeonggi Authenticity-gun is written as the owner of F forest land of 0.67 with the address in D, A, A, A, the A, A, the A, the A, E,

B. The game authenticity-gun F Forest is divided into G forest 0.27 and H forest 0.35, and H forest 0.35 were divided into H forest 0.17 and 0.13 and J forest 0.05.

Of them, H. 0.17 forest land was registered as forest land in March 31, 1955.

C. In accordance with the former Farmland Reform Act (repealed by Act No. 4817 of Dec. 22, 1994), the Defendant purchased forest land as stated in the order from E on June 21, 1949 and completed the registration of ownership transfer in order to distribute it to K.

However, K waived waived its cultivation and returned its forest land to the Defendant.

L, the Plaintiff’s prior owner, died on March 1, 1931, and his two-party N inherited as Australia alone. The Plaintiff’s children, the N’s head, and his heir’s share of inheritance is as shown in the annexed sheet.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. The Government's purchase of farmland which is not self-founded under the former Farmland Reform Act is subject to the condition that farmland will not be distributed after it was purchased, and the ownership of the purchased farmland is returned to the original owner if it is not included in the distributed farmland finalized through the procedure prescribed in Article 32 of the former Enforcement Decree of the Farmland Reform Act (repealed by Presidential Decree No. 14835, Dec. 22, 1995) or if it is confirmed that the Government's purchase of farmland is not distributed to farmers because it was not actually distributed to the farm among the farmland finalized by distribution farmland, etc.

(Supreme Court Decision 201Da15094 Decided July 28, 2011). Considering the fact of recognition and the above legal doctrine, forest land as stated in the disposition is deemed final and conclusive as not being actually distributed the farmland determined as the distributed farmland by waiver of K’s cultivation.

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