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(영문) 서울고등법원 2019.01.10 2018재나527
소유권이전등기
Text

1. All of the lawsuits filed by the Plaintiff (Plaintiffs) for retrial of this case shall be dismissed.

2. The costs of retrial shall be paid.

Reasons

1. Basic facts

A. The farmland distribution, etc. for the instant Kdong land 1) The land of approximately KRW 300,000 square meters for the instant Kdong, Yeongdeungpo-gu Seoul Metropolitan Government L. 416 square meters (hereinafter “instant Kdong-dong land”).

(2) However, the land of the instant Kdong was not used as military facilities or military land even after the registration was completed in the name of the State, but was cultivated by the original farmer as farmland, and the land category on the register remains as a rice field. The land category on the register remains as a rice field.

3) On March 10, 1950, the Farmland Reform Act was promulgated and promulgated, and the farmland distribution procedure was conducted with respect to the land of this case, and the person who received farmland distribution from the defendant was also paid part of the farmland from 1950 to 1952. However, since May 1953, the Ministry of National Defense asserted the ownership of the land of this case on the ground that the land of this case was the state-owned land managed by the Army, the defendant did not receive any more repayment loan. 4) The defendant transferred the right to manage the land of this case of this case from the Ministry of National Defense as part of the Industrial Promotion and Refugee Settlement Support Project on September 1, 1961 to the Ministry of National Defense, and had Seoul Government create a MM complex.

On August 1961, Seoul Special Metropolitan City started to start a new construction of 1,200 public housing units to remove the standard-form house, 1,100 simple housing units, and completed the construction occupancy from August 8, 1962 to September 1962, and created N, O, P, and private housing sites in the above Kdong Zone.

(b) 85 persons, including the Deceased, including 85 persons (hereinafter “the first Plaintiffs”) in filing civil lawsuits against farmers and winning the civil action

On June 19, 1964, the Defendant asserted that “78,422 of the land of the instant Kdong was distributed to him/her” at the Seoul Civil and Security District Court on the ground of the completion of repayment.

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