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(영문) 서울고등법원 2015.12.30 2015나2042184

소유권이전등기

Text

1. The plaintiff's appeal is 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. The following facts may be acknowledged either as a dispute between the parties, or as a whole as to Gap evidence 1, Gap evidence 2, evidence 3-1, 2, Gap evidence 4-1, 2, 5-10, Eul evidence 1, 7, Eul evidence 10-1, 2, Eul evidence 11, 14-1, 14-3, and testimony of the first instance court witness G.

In around 1979, the Gangnam-gu Seoul Metropolitan Government Office (the administrative jurisdiction was changed from Gangnam-gu to Seocho-gu on January 1, 1988 to Seocho-gu, Seoul Seocho-gu, hereinafter “J”) implemented L village structure improvement projects (hereinafter “instant project”) for the land of Gangnam-gu, Seoul and 52 housing, and exchanged or traded land during the process of creating the housing site and allocating 52 housing sites in installments. D was from the Defendant on July 2, 1979, included C land and F land in H housing site of 44 square meters, and thereafter, the number of 146 square meters was changed from the previous land to the 44 square meters, and C was finally changed from August 31, 1998 to the 146 square meters.

(hereinafter “instant land 1”) purchased KRW 1,455,300 for the purchase price of KRW 1,455,300, and agreed to pay KRW 200,000 on the date of the contract, the balance of KRW 1,255,300 on the date of the contract, respectively, on July 10, 1979.

(hereinafter “instant sales contract”). In addition, D purchased from E on December 26, 1980 1, 1980 163 square meters and 35 square meters prior to F in the instant business area, and completed the respective registration of transfer of ownership on December 29, 1980. On April 9, 1984, D purchased 97 square meters and 5 square meters prior to K in the instant business area from N and completed each registration of transfer of ownership on January 9, 195.

Around September 15, 1998, the land category of each of the above lands purchased from E and N was changed from “former to “large”, and around November 1, 2005, F large scale 163 square meters was combined with M large scale 35 square meters, O large scale 97 square meters, and K large scale 5 square meters, and F large scale 300 square meters (hereinafter “instant land 2”).