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(영문) 대구지방법원 2020.11.18 2019나315200
소유권보존등기말소 등
Text

The Court shall dismiss the lawsuit of this case that has been changed interchangely in this Court.

All costs of the lawsuit shall be borne by the plaintiff.

Reasons

Basic Facts

S with the address in Gyeongcheon-gun Kim Jong-gun is not submitted any evidence as to whether S has been accurately distributed farmland at the time in 1950.

However, according to the evidence No. 4 (farmland Distribution Register), the repayment period is from 4283 to 4287 (west 1954). In light of the above repayment period, it is reasonable to view that the repayment period was distributed in around 1950.

The instant land and X total 43 square meters (hereinafter “X 43 square meters”; when referring to the instant land and X 43 square meters, “each of the instant land” was distributed as farmland pursuant to the former Farmland Reform Act (amended by Act No. 31, Jun. 21, 1949; Act No. 4817, Dec. 22, 1994; hereinafter “former Farmland Reform Act”).

매수분배농지부(갑 제3호증)에 따르면, 이 사건 토지에 관한 상환가액은 정조(正祖. 껍질을 까지 않은 벼) 8.99 단위는 명확히 나와 있지 않고, 합(合)이라는 한자가 병기되어 있다.

8 Hate 9 but seems to be 9 Hobbe

X 43 square meters are 1.32 of the same set.

On the other hand, in the repayment register of each land of this case, repayment can be made as rice or barley.

In case of Boli, the redemption price of the instant land is 1.5, and X 43 square is 1.7 square meters.

Ultimately, in the repayment ledger as a sum of the redemption value of each land of this case, 10.3 (=8.91.32, 10.31, 0.01, 0.01, 0.01) is written as the basis of rice in the repayment ledger, and 13.2 (i.e., 11.51.7).

S, a receiver of the instant land, died on May 19, 1951.

At the time of S’s death, Y, Y, Z(1920s), Y, Z(1920s), and Y(192s) were three marrieds.

Meanwhile, according to the repayment ledger (No. 4) of distributed farmland on each of the instant lands, each of the instant lands is relevant.

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