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(영문) 서울중앙지방법원 2018.03.29 2017가단5175380
소유권이전등기
Text

1. The defendant shall each plaintiff's land (attached Form 1) among each land listed in the land list (attached Form 4).

Reasons

1. Facts of recognition;

A. The Gyeonggi-do Yangju-gun N-gun 44 (hereinafter “the previous land”) was destroyed by the cadastral record at the time of the Korean War, and the cadastral record was restored on February 12, 1958, and the registration of preservation of ownership was completed in the name of the defendant on August 7, 1959.

B. On December 30, 197, “44 square meters” was registered as “145 square meters,” and on May 1, 1979, the administrative district was changed from “OMyeon” to “P Eup” and on April 1, 1980, the administrative district was changed from “Yyang-gun” to “Yyang-gun,” and the administrative district was changed to “Yyang-gun, Yangyang-gun, Gyeonggi-do.”

B. On June 12, 1984, the land prior to the instant land substitution was replaced with 1,631 square meters in Namyang-gun, Namyang-gun, Gyeonggi-do, and 258 square meters in Namyang-gun, Gyeonggi-do, as well as 1,631 square meters in Seoul-do (hereinafter “instant land substitution”).

Of the instant land substitution, the shares in the previous land in the instant case (i.e., 1,631 23 258 145) is 145/2,062.

C. On January 1, 1989, the instant land substitution was changed to Vdong-si, Gyeonggi-do. On January 1, 1995, the name of the administrative district was changed to “Yyang-si, Namyang-si,” and on December 22, 2016, the instant land substitution was divided into WW 1,065 square meters and X 566 square meters (hereinafter “each of the instant land”).

According to the enforcement of the former Farmland Reform Act, the land of 14 lots, including the previous land, was distributed to the Z with the domicile in the Yangju-gun of Gyeonggi-do, and the Z completed the repayment of the said distributed farmland around 1959 (short-term 4292).

E. AA, the plaintiffs' preference, established a permanent domicile in Yang-gun-gun, Gyeonggi-do, and died at the same place on March 22, 1994. The plaintiffs' inheritance relationship and inheritance shares following the death of AA are as shown in the "Calculation Schedule of Inheritance Shares" (attached Form 3).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including branch numbers for those with a satisfy number), the purport of whole pleadings

2. Determination

A. According to the above facts of recognition, this case is examined.

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