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(영문) 서울중앙지방법원 2015.09.17 2014가합581344
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of premise;

A. The total 1,059 square meters (hereinafter “original land”) was divided into 351 square meters for HA and 708 square meters (2,341 square meters, and corresponding to the instant land) before I in around 1962.

B. On December 30, 1974, the registration of ownership preservation was completed in the future of the defendant with respect to the land of this case.

C. On October 5, 1989, the instant land was combined with other land owned by the Defendant adjacent to the Defendant, with 14,027 square meters in Seoul Jung-gu.

The land, which was combined, was finally divided and merged into 18,985 square meters of land for the FF railroad as stated in the current claim, and the land in this case belongs to the current FF land, such as the written claim.

[Reasons for Recognition] Each entry of Gap evidence Nos. 12 through 20 (including each number), the purport of the whole pleadings

2. The plaintiffs' alleged land was owned by the deceased J. However, at the time of the enforcement of the former Farmland Reform Act (repealed by Article 2 subparagraph 1 of the Addenda to the Farmland Act (Act No. 4817 of Dec. 22, 1994), the defendant acquired farmland from the deceased J by the government under Article 5 subparagraph 2 of the former Farmland Reform Act (Act No. 5 of the former Farmland Reform Act).

2. The Government shall purchase the farmland in each unit in accordance with the provisions of this Act.

(a)Purchased farmland by a person other than a farmer (B) who does not own own farmland (hereinafter omitted).

On December 30, 1974, the Defendant did not distribute the instant land to the farm household to self-defluence, but excluded the registration of ownership preservation in the name of the Defendant from the list of farmland distribution.

The instant land is determined not to be distributed simultaneously with the enforcement of Article 2 subparagraph 2 of the Addenda to the Farmland Act (Act No. 4817, Dec. 22, 1994; hereinafter “Special Measures Act”), as farmland subject to distribution under the former Farmland Reform Act, or is not distributed until the time of the enforcement of the Special Measures Act. Article 2(1) of the same Act is registered as the Defendant’s ownership under Article 2(1) of the same Act.

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