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(영문) 대전지방법원 2017.11.10 2017나103861
소유권말소등기
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the facts and the plaintiffs' assertion is the same as that of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420

2. Determination

A. In addition to documents stating matters necessary for repayment, such as documents confirming the decedent’s farmland subject to distribution, such as farmland parcels and distribution farmland registers, or repayment registers, as well as documents stating in the state’s application for compensation, prop report, land price assessment report, and land price bonds, etc. prepared in the course of receiving compensation by the prop purchased from the State, these documents are valuable materials to recognize that the ownership of the land was transferred to the person under the name at least at the time of farmland distribution (see Supreme Court Decision 2014Da13808, Jun. 26, 2014). In this case, the fact that the person under the name of the deceased is the name of the deceased is identical to the facts based on the foregoing basis, and according to each of the entries and the entire purport of arguments in Gap’s farmland distribution statement, repayment statement, prop confirmation statement, land price confirmation report, and land price bonds, the name of the deceased or the landowner of the land in this case can be acknowledged as the name of the landowner under the name of the deceased in this case.

According to the above facts of recognition, it is deemed that the deceased owned the land of this case on July 6, 1910.

Furthermore, according to each of the above evidence, it is recognized that the Defendant purchased the instant land and adjacent land, farmland, from the deceased on June 24, 1949, and distributed the redemption period from 1950 to 1954 (short-term 4287) (short-term 4287), and that the instant land distributed to H was redeemed on September 20, 1955 (short-term 4288.9.20).

However, the government shall not make any farmland not self-feasible by the former Farmland Reform Act.

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