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(영문) 서울중앙지방법원 2013.12.24 2012가합509621 (1)
소유권이전등기말소 등
Text

1. The plaintiff's main claim against the defendant Republic of Korea shall be dismissed.

2. List of the Plaintiff, annexed to the Plaintiff.

Reasons

1. The following facts can be acknowledged by taking into account the following facts: Gap evidence Nos. 1 through 10 (including numbers; hereinafter the same shall apply), evidence Nos. 11-1 through 10, evidence Nos. 12-1 through 10, 16-7, fact inquiry results with respect to the Hongcheon-gun Office of this Court and the purport of the entire pleadings between the plaintiff, the defendant Republic of Korea, Sungnam-si and the defendant C, and between the plaintiff and the defendant C pursuant to Article 150 of the Civil Procedure Act:

A. On July 30, 1911, the Ministry of Land Survey on the Gyeonggi-gun E, which was prepared by the Ministry of Land Survey in the Japanese occupation period, stated that the JJ, which had an address in Gwangju-gun I, was under the circumstance of the Gyeonggi-gun D Return 488 (the administrative district change to Busan-si F), and G Return 711 (the administrative district change to H after Sungnam-si), on July 30, 1911.

B. The old land cadastre concerning each of the above lands restored after the destruction of the land was restored by stating L residing in the G of Gwangju-gun as the owner of the above land, and L as the owner of each of the above lands was also stated in the land cadastre and the land cadastre statement prepared by the G-gun of Gwangju-gun as well. Meanwhile, L was at the time of the enforcement of the former Farmland Reform Act (repealed by Article 2 subparag. 1 of the Addenda to the Farmland Act (Act No. 4817 of Dec. 22, 1994) (hereinafter “former Farmland Reform Act”). At the time of the enforcement of the former Farmland Reform Act (amended by Act No. 4817 of Dec. 22, 1994, hereinafter “former Farmland Reform Act”), the prop of each of the above lands was written as L, and the compensation register stating the

C. After the registration of ownership preservation was completed in the name of L residing in K of Gwangju-gun around 1957, the registration of ownership transfer was completed in the name of the defendant around October 13, 1960 in the name of the defendant on December 26, 1968.

Each of the above lands was reported to implement a land readjustment project on August 3, 1970.

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