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(영문) 서울중앙지방법원 2018.12.11 2017가단5208501
진정명의회복을원인으로한소유권이전등기
Text

1. The defendant is one of the area of 982 square meters in Pyeongtaek-si B, for the persons entered in the name column of the final inheritance shares by each inheritor.

Reasons

1. Judgment on the plaintiff's claim

A. Facts of recognition 1) The Plaintiff’s increased portion of C is the Plaintiff’s 297 square meters in the field B of the Authenticity-gun of Gyeonggi-do (e.g., Pyeongtaek-si D 982 square meters in the form of a change in the parallel area and the size of the area; hereinafter “instant land”).

(2) The land of this case was included in the Defendant’s farmland subject to purchase under the former Farmland Reform Act (amended by Act No. 4817, Dec. 22, 1994; hereinafter “former Farmland Reform Act”), but was not distributed in accordance with Article 2 subparag. 1 of the former Farmland Reform Act (amended by Act No. 4817, Dec. 22, 1994);

3) After that, on July 15, 1975, the defendant shall transfer the ownership of the instant land (hereinafter “the instant transfer registration”).

The completion of the registration under the name of the defendant has been maintained until now. (4) After the death of March 18, 1938, F, a South-North Korean, succeeded to the inheritance of Australia, and F, a South-North Korean, under the supervision of F, the inheritance of Australia. (b) F, under the supervision of G, H, I, I, the plaintiff, and N, jointly inherited the F's property under the supervision of the Republic of Korea, under the marriage with G. (K students, the infant's death on February 20, 1951), two South Korean L (M students, the infant's death on March 17, 1951), three South Korea, and three women N on August 13, 1983.

After that, F's wife G died on February 17, 2001 and jointly inherited H, I, Plaintiff, N, etc.

C) The head of South-Nam who succeeded to Australia had P, Q, R, S, T, and U married with theO. On March 15, 1985, the head of the wife died and married with V on July 15, 1985, and on May 5, 2007, Q, P, Q, Q, R, S,W, and U were jointly inherited on January 26, 2013, and Q Q was deceased on January 26, 2013, and jointly inherited Y, Y, Z, and AA, a spouse, Y, Z, and children.

[Ground of recognition] Unsatisfy, Gap 1 to 5 each entry (including satisfy number), the purport of the whole pleadings

B. The Government's purchase of farmland that is not self-feasible under the farmland Reform Act of 1 related legal principles should not be distributed after the Defendant's obligation to transfer ownership was purchased.

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