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(영문) 서울중앙지방법원 2020.03.12 2018가단5239854
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserts the following facts as the cause of the instant claim. A.

The real estate listed in the separate sheet No. 1, which was owned by the Plaintiff B, was purchased to the Defendant by the enforcement of the former Farmland Reform Act (amended by Act No. 31 of Jun. 21, 194, which was enforced on Dec. 22, 1994, the Farmland Act No. 4817 of Dec. 1, 1994 was enforced on Jan. 1, 1996, hereinafter referred to as the “ Farmland Reform Act”).

B. The Defendant did not complete the farmland distribution procedure stipulated in the former Act on Special Measures for Adjustment of Farmland Reform Projects (repealed by Act No. 4817 of Dec. 22, 1994) or completed the farmland distribution procedure with respect to each real estate listed in the attached list No. 1. 2.

Even if the receiver does not complete repayment, the registration of ownership preservation has been completed in the future of the defendant, such as the statement in the purport of the claim.

C. Each real estate listed in the separate sheet No. 2 is owned by the Plaintiff’s prior buyer B, and is unregistered.

The above B died on March 19, 1951, and the plaintiff inherited solely.

E. The Government's purchase of farmland which is not self-founded under the Farmland Reform Act is a measure taken on the condition of rescission that the farmland will not be distributed thereafter. Thus, the farmland distribution procedure has not been completed or the farmland distribution procedure has been completed.

Even if the distributor has not completed the repayment, the ownership of the purchased farmland shall be returned to the original owner.

Therefore, the ownership of the real estate in the attached list No. 1 was returned to the plaintiff, who is the heir of the original owner.

2. Determination:

A. There is no evidence to deem that the above land was purchased by the Defendant due to the enforcement of the Farmland Reform Act as farmland on each real estate listed in the separate sheet No. 1.

B. There is no evidence to deem that each real estate listed in the separate sheet No. 2 was owned by B, the Plaintiff’s fleet.

3. Dismissal of the Plaintiff’s claim

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