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(영문) 부산지방법원 2019.05.10 2018나54644

소유권이전등기

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1. Revocation of the first instance judgment.

2. The Defendants are attached Form 2.3 to the Plaintiff on each real estate listed in the separate sheet No. 1.

Reasons

1. Facts of recognition;

A. The Defendants are co-owners of each real estate listed in the separate sheet No. 1 (hereinafter referred to as "No. 1 land" and the land listed in Paragraph 2 as "No. 2 land"), and each co-ownership share of the Defendants as to No. 1 and 2 land is listed in the separate sheet No. 2.

B. The Busan High-gun Q Q 605 (hereinafter “1 land before division”) was divided into W, X (1) and Y land on November 12, 1932, and the PP 630 square meters (hereinafter “2 land before division”) was also divided into the Z, AA(2) and AB each on the same day.

C. Pre-division 1 and 2 were acquired by the Defendants’ shipbuilding S on April 20, 1912.

W andY land before subdivision was transferred to AC on March 20, 1964. The land before subdivision was transferred to T on November 20, 1928 and the land after subdivision was transferred to T on April 21, 1965 in order to third parties. The land AB after subdivision was transferred to AD on September 18, 1962.

On the other hand, on May 20, 1920, and on November 30, 1925, the registration of ownership preservation was completed in each S name, and on August 11, 2015, the Defendants completed the registration of ownership transfer as to each co-ownership share by inheritance.

As to land Nos. 1 and 2, the network AG completed the registration of ownership transfer with respect to shares 7,560/13,167, and the network AG died and succeeded to the shares of Defendant J, K, L, and M in proportion to 1/4.

Land Nos. 1 and 2 was changed on November 30, 1932 into each road after the said division.

Since then, with respect to roads containing the first and second lands, the term “UE Road Works” from around 1985 to around 1987, and the term “State” from around 1991 to from around 1995 to from around 1995, the term “State has been underway with respect to the extension and packing of UF AF AF-4 lanes,” but there was no lack of demand for payment of compensation or usage fees for each of the above lands.

(e) At present, lands 1 and 2 are used as part of national highways U.S., and are based on the national highways.