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(영문) 서울중앙지방법원 2017.08.24 2016가단5062562

소유권이전등기

Text

1. Of the Jongno-gu Seoul Metropolitan Government 235 square meters, each point of the attached Form No. 3, 4, 5, 16, 15, 14, 13, 12, 11, and 3 shall be in order.

Reasons

1. Facts of recognition;

A. The ownership relationship (1) between the ownership relationship of the housing of 136 square meters in Jongno-gu Seoul Metropolitan Government G Dae-gu and the 136 square meters in the ground bricks slive roof (hereinafter “G site and building”) and the two-story residential buildings (hereinafter “G site and building”), H purchased G site and building on March 8, 198, and completed the registration of ownership transfer on March 9, 198.

(2) Defendant E purchased G site and buildings from H on September 8, 2005, and completed the registration of ownership transfer on October 18, 2005.

(3) On September 26, 2009, the Plaintiffs purchased G site and buildings from Defendant E, and completed the registration of ownership transfer on October 22, 2010.

B. On May 9, 1990, Jongno-gu Seoul Jongno-gu Seoul (hereinafter “F site”) ownership relationship i.e., ownership of 235 square meters (hereinafter “F site”) and J purchased F site and completed the registration of ownership transfer jointly on the same day.

(2) On January 26, 2006, I completed the registration of ownership transfer on April 26, 2006 with respect to the F’s portion of the F site due to inheritance by agreement division as of January 26, 2006.

(3) Defendant C and D purchased F site from I on May 3, 2006, and completed the registration of ownership transfer on June 5, 2006.

C. (1) G building was newly built on September 17, 1965 in the possession relation of the land of “b” part 13 square meters in succession with the indication of the attached drawing in the attached Form 3, 4, 5, 16, 15, 14, 13, 12, 11, and 3 (hereinafter “the land of this case”) and the status of G building was not changed.

The ownership was transferred in succession from H to Defendant E and the Plaintiffs, such as paragraph (1).

(2) Some of G buildings are located on the land occupied by the instant land located on the F site.

[Ground of Recognition] Facts without dispute, entry and video of Gap evidence 1 through 4 (including branch numbers in the case of additional number), the result of the appraisal commission to K of the appraiser of this court, the purport of the whole pleadings

2. Determination on the main claim

A. Defendant E, on March 8, 2008, has the right to claim the transfer registration of ownership against Defendant C and D, the owner of the land in the possession of this case, on the ground of the completion of the prescription period for the acquisition of the land in the possession of this case.