beta
(영문) 서울중앙지방법원 2017.01.12 2015가합550798

소유권이전등기

Text

1. Of the real property listed in the Schedule of Annex 1, the Plaintiff:

(a) As to Defendant E and F, each of them is 192951/4131600 shares.

Reasons

1. Facts of recognition;

A. The Defendant Republic of Korea owned the land of Jung-gu Seoul Metropolitan Government AA large 2069.8 square meters (hereinafter “the land before subdivision”). From April 30, 1954 to September 13, 1980, Defendant Republic of Korea divided and transferred the remainder of the share, excluding the share of 142.5/626 of the said land, to 23 others.

B. The land before subdivision was divided into AA or AC on October 10, 1956, and among which AD was divided into AD and AE on April 4, 1962, AC was divided into AC and AF on July 9, 1964, and the registration for subdivision was completed on November 4, 1987. After subdivision, AA land was subdivided into A or AG on March 15, 2001 and completed the registration for subdivision on the 21st of the same month.

C. At the time of sale of land before subdivision, Defendant Republic of Korea: (a) specified the part occupied by each purchaser; (b) transferred the ownership of co-owned shares on the land register prior to subdivision that corresponds to the occupied area; and (c) each purchaser’s co-ownership share in the name of each purchaser was transferred to a divisional registration even when the divisional registration for each divided land was completed; and (d) each purchaser has occupied and used the specific part solely by owning the building above the land.

[Attachment 1] The land listed in the list of [Attachment 1] was transferred by the first purchaser from the Defendant Republic of Korea after acquiring the co-owned share ownership in the above way, and is currently occupied and used exclusively by the Plaintiff while operating the restaurant at the present time, and the remaining land except the land listed in the No. 15 among the land listed in the table of the attached Table 3 [Attachment 3], which is the land after division, is transferred in the same way and transferred exclusively by the relevant Defendants (including the parties to appointment and the designated parties; hereinafter the same shall apply) recorded in the “mutual title truster” column of the present table.