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(영문) 서울중앙지방법원 2018.08.14 2017가단5110666
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Under the underlying facts, the following facts do not conflict between the parties, or may be acknowledged by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1-3.

The Plaintiff is co-inheritors of G who died on August 13, 2007 (hereinafter referred to as “the deceased”).

B. The Defendant completed each registration of preservation of ownership as stated in the purport of the claim as to B, 3283 square meters, B, 3283 square meters, C, 241 square meters, C, 3 land in this case, D road 98 square meters, D, 998 square meters, and D, 4 land in this case, E, 3587 square meters, and F, 258 square meters, 5 land in this case, and F, 5 land in this case.

2. Assertion and determination

A. The deceased’s summary of the Plaintiff’s assertion was the owner of H No. 1920 square meters, I, and J land in Pakistan, which is the land prior to the subdivision of each of the instant lands.

However, since the Defendant purchased farmland as farmland subject to distribution at the time of the farmland reform and acquired its ownership, but did not distribute it until December 31, 1998, which was within three years from the enforcement date of the Farmland Act, or did not complete repayment, the ownership of the deceased or his heir, who was the original owner, was returned.

The plaintiff is one of the deceased's successors, and the defendant is obligated to cancel the registration of preservation of ownership, which is the invalidation of the cause of completion of each land of this case, to the plaintiff as a preservation act for the jointly-owned property.

B. As to the land of this case 1, we examine whether the land of this case was divided into H 1920 square meters at the time of the strike.

In this Court’s fact-finding reply to each fact-finding reply to the PPP as of January 2, 2018, May 28, 2018, and July 6, 2018, each fact-finding reply to the PPPP as to the PPP as of July 6, 2018, the following circumstances, namely, H PP PPPP 1920: BP 108 and KP 912 were divided as of December 30, 1958; L and M substitute land; accordingly, BP 108 and K PP 912 were incorporated as land within the land within the border rearrangement zone; while the land of this case was completed on March 1, 1978 and PPP 108 and PPP 912.

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