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(영문) 서울고등법원 2017.02.09 2016나2035824

소유권이전등기

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 8, 1980, the provisional registration of the right to claim ownership transfer and the registration of ownership transfer with respect to each of the instant real property (hereinafter “T land”) is about 40 square meters in Seoul Special Metropolitan City, Gwanak-gu.

The registration of ownership transfer has been completed in U’s name with respect to 2/3 shares, and on the same day, Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) with respect to shares of 1/3 of T land.

A) The registration of ownership transfer was completed in the name of the title holder. On the same day, the provisional registration of the right to claim ownership transfer was completed in the name of V with respect to the shares owned by the Defendant Company, and the provisional registration of the right to claim ownership transfer was completed in the name of the Plaintiff with respect to the shares owned by the Defendant Company. On October 8, 1980, T land does not distinguish between the time and time before and after the division adjustment (hereinafter “instant land”).

(2) On October 8, 1980, U and the defendant company did not pay the liquidation money for replotting, and the registration of transfer of ownership according to the lot number and area of the old land is still in existence, and the land of this case is unregistered. (2) On October 8, 1980, the registration of transfer of ownership was completed in U for 2/3 of the 2/3 square meters of the land of Seoul Special Metropolitan City AG AG large 43 square meters (hereinafter “AG land”), and on the same day, the provisional registration of transfer of ownership was completed in V’s name with respect to

AG land was changed on March 21, 1997 by the real estate listed in Section 2 of the attached Table 2 (hereinafter referred to as “the land of this case”) on the ground of the land substitution by partition adjustment.

3) The second floor row housing on the ground of the instant land Nos. 1 and 2 (hereinafter “instant housing”).

(B) On October 8, 1980, the real estate listed in paragraph (3) of the attached list of the instant house (hereinafter referred to as “No. 101”) was constructed.

The registration of ownership transfer has been completed in U’s name with respect to one-half shares, and on the same day, the provisional registration of the right to claim ownership transfer was completed in V’s name with respect to the said shares. 4) October 8, 1980.