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(영문) 서울중앙지방법원 2017.08.10 2016가단5112368

소유권이전등기

Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The plaintiffs' preliminary claims are all made.

Reasons

1. Basic facts

A. On June 2, 1973, the Defendant is the owner of the instant road, who completed the registration of ownership transfer in the future of the Defendant, and the instant road is located on both sides in the shape of the “U” in the English Alphaba, as indicated in the attached drawings, according to the shape of the “U”, and the two teams of the instant road are connected with the Seocho-gu Seoul Metropolitan Government public service.

B. The Plaintiffs are owners of each site and their ground houses located on both sides of the instant road (hereinafter “the instant Seocho Housing Complex”), and residents of the Seocho Housing Complex including the Plaintiffs have installed a blocking machine at the entrance connected to the instant road to the public road, to restrict the entry of external vehicles, and to manage them by installing security lights and CCTV on the road. On the instant road, parking lines have been partitioned on the road and parked their vehicles.

C. Meanwhile, on October 21, 1972, the former owner of the instant road and D, who was running a housing complex development project of the instant Seocho-gu, Seoul, Yeongdeungpo-gu, Seoul, was designated as a road site and was subject to a land substitution determination disposition on December 28, 1985. On August 18, 1988, the new registry was drafted as a land substitution, and the Defendant, who succeeded to the instant land complex development project of the Seocho-gu, Seoul, Yeongdeungpo-gu, Seoul, was paying the land substitution settlement amount.

On June 2, 1973, the registration of ownership transfer was completed on August 13, 1980 after the registration of ownership transfer was completed on June 2, 1973 to 27 residents of the Seocho Housing Complex located within the Seocho-gu Seoul Metropolitan City and used as a park site, and the share transfer was completed on August 13, 1980 by 1/28 shares.

E. On August 11, 1980, Plaintiff H prepared a sale certificate with respect to the share of KRW 1/28 out of the above park site with the Defendant as of August 11, 1980, with a sale price of KRW 600,800. At present, 20 out of 37 shares owners of the above park site is within the Seocho Housing Complex.