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(영문) 서울중앙지방법원 2018.01.24 2017가단5077646

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Seongbuk-gu Seoul Metropolitan Government 541 square meters (hereinafter “the first purchase land of this case”) and D 300 square meters (hereinafter “E” was divided into five square meters among them on April 3, 1998; hereinafter “D 295 square meters” was registered in the name of F. However, the Plaintiff purchased the second purchase land of this case on April 5, 1989, and completed the registration of ownership transfer on June 16, 1989 under each of the Plaintiff’s names on April 29 and June 19, 1989. < Amended by Act No. 3148, Apr. 29, 1989; Act No. 3155, Apr. 29, 1989; Act No. 3720, Jun. 19, 1989>

B. Each of the instant land purchased is adjacent to one another, and there was a lot of 5,501 square meters in Seongbuk-gu Seoul Metropolitan Government G ditch prior to subdivision by the land purchased in the instant case (hereinafter “the land prior to subdivision”). However, on February 16, 1990, the Defendant made a registration of preservation of ownership on the said land prior to subdivision (However, on the land cadastre before subdivision, the Defendant stated that the said land was registered as owner on December 30, 1954), and on October 18, 2012, 50 square meters out of the said land was divided and the land category was changed to a site on October 22, 2012, and the land category was changed to a site, and thus, “50 square meters in Seongbuk-gu B large 50 square meters” (hereinafter referred to as “the instant land”) was discarded on the ground that a decision was rendered to lose functions on July 20, 2012 before subdivision.

C. On the two sides of each purchase land of this case, the Plaintiff is located on the third floor above the ground surface (hereinafter “the instant building”) on which the registration of preservation of ownership was completed on October 23, 1990 after obtaining a building permit on November 15, 1989 and obtaining approval for use on August 3, 199, and the temporary building of 421 square meters of the total area other than the registered land (hereinafter “the instant temporary building”) is located on the ground of 365 square meters among the purchase land of this case and the entire land of this case, 0.5 square meters among the Seoul H road, and 0.5 square meters among the "Seoul G G ditch."

At present, the boundary of the instant land (the boundary abutting on the G ditch) is as follows.