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(영문) 서울중앙지방법원 2016.06.22 2016나12242
소유권보존등기말소 등
Text

1. Upon receipt of a claim for change in exchange at the trial, the defendant's response B 186 square meters to the plaintiff at both weeks.

Reasons

1. Basic facts

A. Pursuant to the former Farmland Reform Act, C residing in the Gyeonggi-do Yangju-gun G was distributed ① 724 square meters (hereinafter “E land”), ② Do Yang-gun Dial-gun 186 square meters (hereinafter “instant land”) and ③ 600 square meters (hereinafter “F land”) prior to the Gyeonggi-do Yang-gun Gun 186 square meters (hereinafter “F land”).

B. ① After the registration of ownership preservation has been made in the name of the Defendant, the registration of ownership transfer was made in the name of H on May 9, 1963 (the completion of repayment on April 29, 1963); ② on February 10, 1959, the registration of ownership preservation was made in the name of the Defendant; ③ on the land F, the registration of ownership transfer was made in the name of the Plaintiff on December 29, 1964 after the registration of ownership preservation was made in the name of the Defendant.

(The cause of June 28, 1963). D. D.

The original domicile of the Plaintiff’s father C is “Seoul-do Yangju-gun I,” and C died on February 20, 1956 and succeeded to C’s property.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3 through 10, and the purport of whole pleading

2. Determination on the cause of the claim

A. Considering that the Plaintiff’s father C and the Chinese characters C are identical to the Plaintiff’s father C, and the Plaintiff’s father C’s father’s permanent domicile is “Seoul-do Yangju-gun,” and the Plaintiff’s residential domicile is “Seoul-do Yang-gun G,” both of which are the same area, it is reasonable to deem that the Plaintiff’s father C and the consignee C are the same person.

B. In addition, considering the following points that are recognized as comprehensively considering the overall purport of the pleadings in the evidence Nos. 4, 9, and 17, the Plaintiff is deemed to have completed the repayment of the instant land by paying the final amount of redemption on June 28, 1963 after the Plaintiff inherited C’s property.

1) The total amount of redemption stated in C’s repayment ledger is 10.74 (E land 7.211; 1.478 of the instant land; 2.050 of the F’s land.

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