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(영문) 서울고등법원 2017.11.23 2017나2032501

소유권확인

Text

1. At the request of change in exchange at the trial, the defendant shall be the Korea Land and Housing Corporation on July 10, 2017.

Reasons

1. Basic facts

A. On July 15, 1997, the Plaintiff, who installed the Plaintiff’s vinyl, acquired the name of the administrative district with Jri-ri-gun, Yangju-gun-gun, the Gyeonggi-do, which was divided into “Yyang-si,” but changed into the name of the administrative district; hereinafter “I Dong”) 4,523 square meters and L field 40 square meters on the ground, and installed a vinyl house and cultivated crops on the ground.

B. The Plaintiff’s ownership transfer and division relation of land 1) on October 20, 202, G and N (hereinafter “G, etc.”)

B) Before the said subdivision, K-Woo and L 40 square meters were sold to H, and on November 8, 2002, G, etc. sold each of the above land to H on December 16, 2003, and transferred ownership on December 17, 2003. 2) G, etc., having been divided on May 30, 2005 and December 14, 2009, transferred the ownership of 4,523 square meters before the said subdivision (hereinafter “instant land”). Each of the subdivision was divided on May 30, 2005 and divided on December 14, 2009, K-W 726 square meters, O 119 square meters, P 18 square meters, Q 207 square meters, D 3,453 square meters (hereinafter “instant land”).

3) On May 30, 2005, Yangju-si completed the registration of ownership transfer with respect to L 40 square meters and O 119 square meters. On November 12, 2007, the Defendant completed the registration of ownership transfer with respect to the remaining land, including the instant land, on the grounds of inheritance by agreement and division on May 15, 2007. (C) The Plaintiff sold the land to G, etc., as above, and again leased it again, cultivated the farmland in the said land to G, etc., and the Plaintiff continued the crop cultivation in the said land’s vinyl. (d) The Korea Land and Housing Corporation leased it from H and the Defendant. The Korea Land and Housing Corporation, as the executor of the road construction project, completed the registration of ownership transfer with respect to the instant land owned by the Defendant on the ground of public consultation on February 17, 2016.

2) Each of the obstacles described in the annexed sheet Nos. 1, 2, and 3 on the ground of 418 square meters prior to C (hereinafter “the annexed sheet No. 1”).

and the same list on the ground of the instant land.