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(영문) 서울중앙지방법원 2015.05.13 2014가단5251863
소유권말소등기
Text

1. The defendant on April 12, 1975 registered office of Suwon District Court with respect to the size of 975 square meters in Suwon-si District B prior to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. Facts 1) The Plaintiff’s assistant division C completed the registration of initial ownership on June 24, 1946 with respect to the land before the division of this case as the Suwon District Court’s receipt No. 2425, Jun. 24, 1946. 2) On November 2, 1957, the land before the division of this case was divided into 733, F28, G, 395, H, 295, and 80, respectively.

3) The 295 square meters prior to H referred to in paragraph (2) became one of the 975 square meters (hereinafter the instant land within the following) of the Suwon-si Suwon-si Suwon-si, through the conversion registration of the area, the alteration of administrative jurisdiction, etc.

4) As to the instant land, the Defendant completed the registration of ownership transfer under Article 5 of the former Farmland Reform Act (repealed by Article 2 subparag. 1 of the Addenda of the Farmland Act, Act No. 4817 of Dec. 22, 1994) as the receipt No. 3716 of Apr. 12, 1975 on the ground of purchase on June 21, 1949 under Article 5 of the former Farmland Reform Act (repealed by Act No. 4817 of Dec. 2, 1994).

B. Since the Government purchases farmland which is not self-founded under the former Farmland Reform Act on the condition that the farmland will not be distributed later, the farmland not distributed at the time of the enforcement of the former Farmland Reform Project (repealed by Article 2 (2) of the Addenda to the former Farmland Act, below) shall be reverted to the original owner after the decision not to distribute at the same time with the enforcement of the Act on Special Measures except the farmland to be distributed to the farmers registered or confirmed as state-owned under Article 2 (1) of the former Farmland Reform Act, and even if the farmland is registered as state-owned under Article 2 (1) of the Act on Special Measures, the farmland other than the farmland distributed pursuant to Article 2 (2) of the Act on Special Measures shall be reverted to the original owner after the lapse of the one-year period under Article 2 (3) of the Act on Special Measures, and at the same time the State's purchase measures are cancelled.

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