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(영문) 서울중앙지방법원 2014.07.23 2013가합87210
소유권보존등기말소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. During the period between 1950 and 1954, C, the father of the Plaintiff, was distributed to D 213 square meters (704 square meters as a unit conversion) and E 135 square meters (446 square meters as a unit conversion) from the Defendant Republic of Korea in accordance with the farmland distribution procedure under Article 2 subparagraph 1 of the former Farmland Reform Act (amended by Act No. 4817, Dec. 22, 1994; hereinafter the same shall apply) of the former Farmland Reform Act (amended by Act No. 4817, Dec. 22, 1994) from the Defendant Republic of Korea (hereinafter referred to as “the land before the division of this case”), and around that time, the Defendant Republic of Korea fully paid the amount of farmland repayment for the land before the division of this case.

B. While C did not register the ownership transfer of the land prior to the instant partition, the Defendant Republic of Korea completed each registration of ownership preservation under the name of the Defendant Republic of Korea on November 24, 1961 as the government branch office of the Seoul District Court's branch office of the government branch office of the Seoul District Court on the land prior to the instant partition.

(hereinafter referred to as the above, each of the registrations of preservation of ownership in this case shall be referred to as "each of the registrations of preservation of ownership in this case."

The Plaintiff’s mother died in around 1953, and C was missing on March 10, 1969 and the period of unknown life or death expires, and C declared missing on March 11, 1969, the government branch of the Seoul District Court declared missing on March 11, 1969. The Plaintiff is the sole heir of C.

Of the land before the instant partition, D 704 square meters was divided into each land listed in paragraphs 1 and 2 of the attached Table Nos. 1 and 2 on May 9, 2003, and E 446 square meters was divided into each land listed in paragraphs 3 and 4 of the attached Table Nos. 3 and 4 on the same day.

(hereinafter referred to as the above, each of the partitioned lands is “each of the instant lands”). E

The defendant B Housing Reconstruction Association (hereinafter referred to as the "Defendant Association") shall have 10 apartments, 20 floors, and 20 floors on the ground of the land outside the FF and 13 lots on June 30, 2003 pursuant to Article 33 of the former Housing Construction Promotion Act (wholly amended by Act No. 6916, May 29, 2003; hereinafter the same shall apply) and Article 32-5 of the Enforcement Decree of the same Act, as the Housing Act was amended by Act No. 6916, May 29, 2003.

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