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(영문) 수원지방법원성남지원 2017.12.22 2017가단214939
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. For the purpose of distributing farmland, Korea purchased from the network G the Gyeonggi-do Fri field 711 square meters (hereinafter “pre-land substitution”) which is the land prior to the instant land substitution for the purpose of distributing farmland.

The plaintiffs are the successors of the deceased G, the heir of the deceased H.

B. The land before replotting was reported to implement a land readjustment project on August 3, 1970, and was replaced with 12 lots, such as Sungnam City I and J, etc., for which the land partitioning was determined on December 13, 1976.

Of them, K 64.4 square meters is divided into 107 square meters in K on February 1, 1988 and 105.9 square meters in E, respectively, and remains at present.

C. However, the land before replotting was determined not to be distributed as it was excluded from farmland distribution, and the ownership was reverted to the network G.

Nevertheless, Korea, without any cause, has completed the registration of ownership transfer under its own name, and disposed of the land of this case. Among them, the Defendants sold the land of this case before the sale, and completed the registration of ownership transfer.

2. The Defendants did not dispute the above alleged facts of the plaintiffs.

However, the defendants asserted that the acquisition by prescription of the registry was effective after the completion of the acquisition of the registry, and the plaintiffs did not dispute the fact that the defendants possessed the land of this case in good faith and openly with intent to own it for ten years, and without negligence, they received the defendants' defense of the acquisition by prescription of the above registry.

3. The plaintiff's claim is dismissed.

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