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(영문) 서울고등법원 2019.01.25 2018재나503
소유권이전등기
Text

1. The part against the deceased among the judgment subject to a review shall be revoked, and the defendant (the defendant for a retrial) corresponding to the revoked part shall be revoked.

Reasons

Basic facts were based on the land of approximately 30,000 square meters (hereinafter “the instant O-dong land”) including the distribution of farmland to the instant O-dong land in Yeongdeungpo-gu Seoul Metropolitan Government, including PY 4.16 square meters (hereinafter “the instant O-dong land”). However, during the Japanese occupation period, the registration was completed in the name of 1942 to 1943 as the land was forced to be expropriated in Japan during the Japanese occupation period.

The land of this case was used as a military facility or military land, so the land category on the register remains as a paddy field, and the original cultivator cultivated as farmland.

After the Farmland Reform Act was amended and promulgated on March 10, 1950, the farmland distribution procedure was implemented for the instant Odong land, and some of the persons who received farmland distribution from the Defendant were paid the farmland repayment from 1950 to 1952.

However, around May 1953, the Ministry of National Defense asserted ownership on the ground that the land of this case was the state-owned land managed by the Army, and the defendant did not receive any more redeemable rice.

As part of the industry promotion and refugee settlement relief project on September 1, 1961, the Defendant transferred the right to manage the instant O-dong land from the Ministry of National Defense to the Ministry of National Defense, and had the Seoul Metropolitan Government create Qu complex.

The Seoul Special Metropolitan City started the new construction of 1,200 public houses to remove the standard house, and 1,100 simple houses, and completed the completion and occupancy on August 1962, and created R, S elementary school, T market, private house site, etc. in the above Odong Unit.

On June 19, 1964, 85 persons, including the deceased’s filing of a civil lawsuit and the deceased’s winning, filed a lawsuit against the defendant on June 19, 1964 against the Seoul Civil District Court 64No. 5133 against the defendant for the implementation of the procedure for the registration of ownership transfer on the ground of the claim that they were allocated to him and the completion of reimbursement. The Seoul Civil Court rendered the above plaintiffs’ winning judgment on March 9, 1967.

hereinafter “The first instance judgment” is “the first instance judgment.”

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