beta
(영문) 인천지방법원 2015.01.15 2013나13740

소유권이전등기

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

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 on July 26, 1975, 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 inheritance registration on June 29, 1979. 2) In the course of implementing a land readjustment project on September 20, 1974, Seocheon-si was designated by specifying the total area and location of 2,725.7 square meters in the aggregate of 1,606 square meters (487 square meters) and 846 square meters (25 square meters) as land reserved for replotting before the instant subdivision as a land reserved for replotting.

3) After that, M and N sold to the Defendant as a newly constructed apartment house, the instant OW block 1 and five lots of lot were not determined at the time, and the transfer registration of shares was made on November 17, 1980 and September 5, 1981 on the relationship with which the purchase price was divided, on November 17, 1981, on November 17, 1980, based on the size of the land before the instant subdivision, 1279/4076 shares out of the land before the instant subdivision, and on September 5, 1981, on September 4, 1981, the Defendant completed the transfer registration of ownership with respect to the instant 1279/4076 shares out of the land before the instant subdivision, as seen above, on September 20, 1980, the instant 2000-dong apartment house and the instant 25040-dong house (hereinafter referred to as “the instant apartment house”).

5. From January 24, 1981 to August 24, 1983, the Defendant completed the registration of ownership transfer with respect to shares, such as 62.8/4076, 43/4076, 78.2/4076, 80/4076, 88.2/40/4076, 88.27/4076, 88.27/4076, and 88.27/4076 of the land before the instant partition to the buyer. As a result, M and N completed the registration of ownership transfer to the buyer in the same manner.