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(영문) 광주지방법원목포지원 2017.06.14 2016가단9467
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant Newan-gun completed the registration of ownership transfer on the instant land that Nonparty C completed the registration of ownership transfer on February 18, 1930. The Defendant Newan-gun completed the registration of ownership transfer based on sale on October 5, 1980 (hereinafter “the instant registration of ownership transfer”) with respect to the instant land on which Nonparty C completed the registration of ownership transfer on April 6, 1982 by the Gwangju District Court Decision No. 5773, Apr. 6, 1982.

(2) Defendant Korea Rural Community Corporation (hereinafter “Defendant Corporation”) completed the registration of ownership transfer based on the transfer on September 11, 2014, No. 36269, which was received by Gwangju District Court Decision 36269, supra.

3) Although the land cadastre of this case stated that its ownership was transferred to the Plaintiff via D from the above C on February 18, 1959, the registration of transfer of ownership in D or the Plaintiff’s name was not completed. (B) The Defendant Newanan-gun decided to construct “F reservoir” (hereinafter “instant reservoir”) as part of the farmland improvement project for the efficient irrigation of the EF farmland in the 1978, Jeonnam-do, Newan-do, 1978, and acquired the land to be incorporated into the instant reservoir [the former Special Act on the Acquisition of Land for Public Use and Compensation for Damages] (amended by Act No. 2847, Dec. 31, 1975; hereinafter “Special Act”).

2) Around June 27, 1978, Non-Party G submitted to Non-Party I, the president of H, a written confirmation of Non-Party J’s “certificate”, Non-Party K, and L’s “certificate” to the effect that G is the owner of the instant land, and on the same day, submitted it to the Defendant Newan-gun by obtaining the “certificate of Ownership” from H I. 3) The Defendant Newan-gun confirmed each of the above certificates and certificates of ownership, and paid KRW 3,280,500 to G as the compensation for the instant land from 1978 to 1981, and paid KRW 3,280,500 to G as the lawful holder of the instant land.

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