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(영문) 서울고등법원 2018.04.13 2017나2029321

소유권말소등기

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1. The judgment of the court of first instance is modified as follows.

The plaintiff (Counterclaim defendant)'s lawsuit against the defendant (Counterclaim plaintiff) C and D.

Reasons

Basic Facts

The plaintiff is a school juristic person that operated G middle schools from November 5, 1953 to now.

G Middle schools were located within the GGG N, GG, which was originally located within the GGG, and the Plaintiff started construction of playgrounds and completed the construction of new teachers on January 21, 1958, among the land sites of 987 square meters and O 1,062 square meters (hereinafter “O land”). < Amended by Act No. 3252, Jan. 21, 1957>

Defendant B completed the registration of ownership transfer on the O land on June 19, 1965, and thereafter the said land was divided into two different lands from Gyeonggi-gun M& 1,307 square meters (hereinafter “undivided land”).

In addition, on June 24, 1994, the land before subdivision was divided into a 331 square meters in Suwon-si, Suwon-si, E (hereinafter “E land”) and a 976 square meters in M field (the land category is changed to a site on February 12, 2004; hereinafter “M land”) and the registration of subdivision was completed on February 12, 2004.

Of the O land indicated in the port, 325 square meters are located in the area of 325 square meters in part 1,2, 3, 4, 5, and 1 of the attached drawings among E land (hereinafter “the sports field part of this case”), which connects each point in order, and have been used as the sports ground of G middle schools since January 21, 1957.

On the line that connects 1, 5, 4, and 3 of the above drawings, the fence of G Middle School (hereinafter “instant fence”) shall be located in the line, and on the boundary, the part of the instant playground shall be located inside the boundary, and on the outside, the part of the sports ground of this case, and on the outside, the part of the attached Form 6, 1, 5, 4, 8, 7, and 6 of the E’s land (hereinafter “the remaining part of this case”) and M land shall be located.

Defendant B completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) on September 3, 2015, as the gift on July 31, 2015, on the grounds of Defendant C, D, and E’s respective shares of one-half of the land, and on September 3, 2015, the Suwon District Court of Suwon (U.S.) issued the registration of ownership transfer on September 3, 2015.

[Reasons for Recognition] There is no dispute;