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(영문) 인천지방법원부천지원 2017.05.17 2017가단100835

소유권말소등기

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Land substitution, sale, and transfer registration 1) K 4,076m2 (hereinafter “land before the instant partition”) in Seocheon-si.

(2) On January 8, 1967, L was purchased and completed the registration of ownership transfer on July 26, 1975, and thereafter, M and N was jointly inherited on November 7, 1976 and completed the registration of inheritance on June 29, 1979. 2)bucheon-si was implementing a land readjustment project on September 20, 1974, and was designated by specifying the location and area of 1,606 square meters as the land reserved for replotting before the instant subdivision as the land reserved for replotting.

3) After that, M/N sold to the Defendant a newly built lot a total of 2,452.6 square meters of the above OE and PE as a newly built lot. Since a disposition of replotting was not finalized at the time, M/N made on November 17, 1980 and on September 5, 1981, it entered into a share transfer registration on two occasions. In order to ensure that it does not exceed 2,452.6 square meters of the above right area in form, on November 17, 1980 as of November 17, 1279/4076 of the land before the instant subdivision, as to the share of 1279/407/4076 of the land before the instant subdivision and the share transfer registration was completed on September 5, 1981 with respect to the share of 987/407 and the share of 208/100 of the instant apartment house (hereinafter “the instant apartment house”) as above, the Defendant started to construct the above apartment house purchased on September 4, 1, 1980, and the instant apartment house.

5) At the time, the Defendant did not pay part of the land price to M and N, so M and N directly sold six households of the first-use housing of this case, and intended M and N to appropriate the sale price for the sales price, and the remaining households sold directly by the Defendant. On the other hand, M and N sold the same Qart 273.1 square meters to R on July 19, 1983, and the ownership transfer registration is set forth in paragraph (3).