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(영문) 서울고등법원 2017.02.08 2016나2052171

소유권 이전등기등 말소등기절차이행

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1. The plaintiff's appeal is all 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. Basic facts

A. On March 9, 1964, the Plaintiff converted the ownership of the land before subdivision into the area of 281 square meters (the above land was converted into the area of 929 square meters on April 1, 1988) prior to I in Gyeonggi-gu, Gyeonggi-do.

hereinafter referred to as “land before the instant partition”

The registration of ownership transfer was completed on December 30, 1958 with respect to the land before the subdivision. 2) The registration of ownership transfer was completed on September 10, 2004 in the name of Defendant E, on the ground that the sale was made on March 30, 198 under the name of Dong K on April 1, 198 (Death on January 11, 1992; hereinafter “the network”). The registration of ownership transfer was completed on September 26, 2004 under the name of Defendant F on the ground that the sale was made on March 23, 1989.

B. On March 13, 2008, the land before the instant subdivision was divided into 748 square meters and 181 square meters prior to L prior to the instant subdivision. After the division, the land before the instant subdivision was divided into 748 square meters and 166 square meters prior to L, which became one of the 914 square meters prior to L, Si, Si, Si, Si, Si, Si, Do. 2) The 914 square meters prior to I was divided into 314 square meters prior to I on January 21, 2009, and the 352 square meters prior to I on August 24, 2009, and the land category of 314 square meters prior to I on August 24, 2009 was changed into “large.”

C. 1) As to the instant land, the ownership transfer registration of the purport of the claim made in the name of Defendant G on August 31, 2009 due to the sale on August 20, 2009, and Defendant New Bank Co., Ltd. (hereinafter “Defendant New Bank”) on November 30, 201.

(2) As to the instant land, the registration of ownership transfer in the purport of the claim was completed on April 7, 2009 under Defendant H’s name on April 6, 2009.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff is the owner of the land before the instant partition, and the land (1), and (2) is divided from the land before the instant partition.