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1. Of the judgment subject to a retrial, the part on the Plaintiff (Plaintiffs) among the judgment subject to a retrial is revoked, and thus revoked.
Reasons
1. Facts of recognition;
A. Farmland distribution, etc. as to the instant Fdong land 1) The land of approximately KRW 300,000 square meters (hereinafter “the instant Fdong land”) including G 416 square meters, Yeongdeungpo-gu Seoul Metropolitan Government G 4.16
(2) After the amendment of the Farmland Reform Act was promulgated on March 10, 1950, the farmland distribution procedure was conducted for the land of this case to the Fdong from 1950 to 1952. However, from around May 1953 to around 1953, the Ministry of National Defense asserted that the land of this case Fdong was owned by the Army in the name of the Republic of Korea. Nevertheless, since the land of this case was used as a military facility or military land, the land category on the register remains as a paddy field. The land of this case was cultivated as farmland by the original farmer. Since the Farmland Reform Act was amended and promulgated on March 10, 1950, the farmland distribution procedure was conducted for the land of this case, and the person who received the farmland distribution from the Defendant was also paying part of the farmland from 1950 to 1952. The Ministry of National Defense asserted that the land of this case was owned by the Army in the name of the Republic of Korea. The Defendant did not receive any more repayment from the Ministry of National Defense.
On August 1961, Seoul started the new construction of 1,200 public housing units, 1,100 simple housing units, and completed the completion of construction from August 1962 to September 1962, Seoul created I, J elementary school, F market, private housing sites, etc. in the above Fdong Group.
B. The 43 persons, including the deceased, were to file a civil lawsuit and winning the lawsuit of farmers, including the deceased, 1) 43 persons, including the deceased, were to whom their part of the land of the Fdong in this case was distributed, and the Seoul Central District Court 65No5470 case against the defendant (hereinafter “the first instance court of this case”).
As a result, a lawsuit was filed to seek the implementation of the ownership transfer registration procedure due to the completion of reimbursement.
The above court on February 8, 1967