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1. The decision subject to review shall be revoked.
2. The judgment of the court of first instance is as follows in accordance with the purport of the claim amended by the trial.
Reasons
Basic facts are indicated on the net A’s farmland distribution and inheritance closed cadastral map in 1953. On March 15, 1954, the number, land category, and area of each land, such as the entry in the real estate list No. 2, 3, and 4, were changed following the current process of division and merger, and if it is indicated in the current cadastral map, it is listed in the attached drawing 1, 2.
Each land listed in the current real estate list in attached Form 2 is the name of the defendant, the intervenor acquiring the defendant, and the land listed in the attached Table 4 in the real estate list.
The land of approximately 30,000 square meters, including the farmland distributed in this case (hereinafter “the land of this case”) was forced by Japan during the Japanese colonial era, and the registration of ownership transfer was completed in the name of “national land” from 1942 to 1943. However, since it was not used for military facilities or military land, the land category on the register remains as a paddy field, and was cultivated by the original farmer as farmland.
The allocated farmland of this case is farmland cultivated by entering into a small contract with the new construction and the central land administration office, which is the management agency of the farmland reverted to the original state after the release of the deceased A.
When the former Farmland Reform Act (amended by Act No. 561 of Oct. 13, 1960) was promulgated on March 10, 1950, the head of Yeongdeungpo-gu Seoul Metropolitan Government having jurisdiction over the location of the distributed farmland of this case shall investigate land to be distributed pursuant to Article 32 of the Enforcement Decree of the same Act by substitution according to the Farmland List, prepare a distribution farmland schedule for each farm household, pass a resolution of the Farmland Committee, followed by the direction of the Seoul Metropolitan Government Mayor on April 2, 1950 to April 3, 1950 to December 12, 1950, and determine the farmland to be distributed by substitution through the public announcement for ten days from April 3, 1950 to April 3, 1950 to December 64 of the same month.