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(영문) 서울고등법원 2018.04.19 2017나2053720
소유권보존등기말소 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. B was distributed 640 square meters prior to the instant subdivision (hereinafter “instant land prior to the instant subdivision”) in accordance with the former Farmland Reform Act (amended and enforced by Act No. 31, Jun. 21, 194; repealed by Act No. 4817, Dec. 22, 1994) pursuant to Article 2 subparag. 1 of the Addenda to the Farmland Act (amended by Act No. 4817, Dec. 2, 1994).

B. On April 26, 1957, the Defendant completed the registration of ownership preservation on the land prior to the instant subdivision by the Suwon District Court Branch No. 720, which was received on April 26, 1957, and thereafter divided the land prior to the instant subdivision into each land indicated in the separate sheet between April 201 and April 2014.

C. On March 12, 2015, with respect to each of the lands listed in the separate sheet Nos. 2-4, 6-10 and each of the lands listed in the separate sheet Nos. 2-6-10, in Suwon-si, the registration of ownership transfer was completed on April 3, 2015 as the receipt No. 10426 on April 3, 2015, and on March 12, 2015, the Defendant paid KRW 213,172,010 for each of the above lands.

Since February 10, 2017, each land listed in the attached list Nos. 3, 4, 9, and 10 was merged into the land listed in the attached list Nos. 2, and the land listed in the same list Nos. 2 was converted into a river, the land category of which was changed into a river, the area of which was 1,736 square meters, and each land listed in the same list Nos. 6, 7, and 8 was converted into

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 8, 9, 12, 13, 14, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the result of inquiry into the National Archives of the first instance court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion is the same person as F, the Plaintiff’s wife, and F (B) acquired ownership by receiving a distribution of the land before the instant partition and completing repayment on February 11, 1961.

Therefore, registration of preservation of ownership in the name of the defendant for each land listed in the attached list is null and void, and compensation received by the defendant for each land listed in the attached list 2-4, 6-10 is paid by the defendant.

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