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(영문) 서울중앙지방법원 2018.04.18 2017가단5153342
소유권이전등기말소
Text

1. The defendant shall pay to the plaintiffs 3/8 shares of the 3,640 square meters of the 3,640 square meters of Jeju Special Self-Governing Province in Jeju, respectively, to Non-Party D.

Reasons

1. Basic facts

A. On June 21, 1949, the Defendant purchased from E the total amount of 1,454 square meters (hereinafter “land before division”) from Jeju-do North Jeju-gun on the basis of the former Farmland Reform Act (amended by Act No. 31, Jun. 21, 1949; repealed by Act No. 4817, Dec. 22, 1994; hereinafter “former Farmland Reform Act”) and divided it into KRW 353 and KRW 1,101 (3,640 square meters prior to Jeju-do, Jeju-do, as of January 13, 195, and KRW 353 and KRW 1,101 (hereinafter “instant land”).

Pursuant to the former Farmland Reform Act, the Defendant distributed the pertinent F land to H, the address of G, and the instant land to J, the address of which I respectively.

B. H completed the repayment of the above F land, and completed the registration of ownership transfer on January 30, 1957, but the J, who received the instant land distributed, renounced the reimbursement.

The defendant completed the registration of ownership transfer on October 12, 1971 with respect to the land of this case.

C. On October 19, 190, E died and jointly succeeded to the property of L, M, N,O, A, B, and P, the wife of K and its children (hereinafter “the deceased”). On December 14, 2015, theO died and jointly succeeded to the property of the wife D, Q, R, and S, the wife of Q, R, and the deceased.

On December 30, 2017, the above inheritors held 3/8 shares in each of the instant land and D 2/8 shares in each of the instant land, and agreed on the division of inherited property.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 18 evidence (including additional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. If each of the evidence mentioned above as to whether the deceased is the same person as the owner of the land before the division, and the purport of the entire pleadings as to the result of the inquiry and reply by this court as to the fact-finding as to Twit at the presentation of this court, the land’s land cadastre was assessed under U’s name on August 1, 1913, and the land’s land cadastre was transferred to V on November 24, 1914, and transferred to X-type transfer on October 11, 1943.

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