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(영문) 수원지방법원 2014.10.16 2012가합22986
토지인도
Text

1. The defendant shall make each of the plaintiffs 1/3 equity shares:

(a) (1) Attached Form 1 among the real estate listed in attached Table 1.

Reasons

1. Facts of recognition;

A. According to each land survey group and each land survey group drafted under the Decree on Land Survey during the Japanese Occupation Period, each land survey group and each land cadastre of Gyeonggi-gun D, Gyeonggi-do D, 142, E, 1,099, F, 698, G, 1,581, and H, 836 (hereinafter “real estate before the instant division”) were under the circumstances of the Plaintiffs’ prior to the instant division.

B. Following the change of administrative district and land category, approximately 142 E was divided into J, and merged into the real estate listed in the separate sheet No. 1. The former 1,099 E was merged into each real estate listed in the separate sheet No. 2, 3, and 4, and the former 698 was divided into N and the former 698 was combined into the real estate listed in the separate sheet No. 5, and the former 1,581 was divided into N and P, and the former 1,581 was divided into O and P, each of which was combined into each real estate listed in the separate sheet No. 6 and 7, and H 836 was divided into Q, R, S, T, U, V, and W, each of which was combined into each real estate listed in the separate sheet No. 9 through No. 14.

(hereinafter referred to as “each of the instant real estates” in attached Forms 1 through 14).

The above I died on August 15, 1956 and succeeded to the property solely by the deceased X, his family heir, and the above X died on January 10, 1994 and succeeded to the deceased Y and the plaintiffs who are his spouse, the deceased Y and their children, respectively. As Y died on February 18, 1997, the plaintiffs jointly inherited their property, and eventually the plaintiffs eventually inherited their respective real estate 1/3 shares.

Meanwhile, the real estate before the instant partition was included in the farmland subject to purchase by the Defendant pursuant to the former Farmland Reform Act, and the portion of the farmland was distributed to farmers, and the ownership of the farmland or the portion of the land is excluded from farmland distribution. The Defendant made registration of preservation of ownership of the real estate before the instant partition in around 1957 and divided it into the distributed farmland and the portion of non-divided farmland at around that time, and paid for the distributed farmland.

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