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(영문) 수원지방법원성남지원 2016.12.29 2016가단214888

소유권이전등기말소

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 2, 2000, Plaintiff A died of the Plaintiff C (C) and D (A) as heir on June 23, 1997, with respect to the land for M prior to the subdivision (hereinafter “L land,” and with respect to other land, the lot number is indicated only for the other land). Plaintiff K died on June 23, 1997, with respect to the land for M prior to the subdivision, Plaintiff C (C) and D (A) as an heir.

Plaintiff

E, F, G, H, I, and J have completed the registration of ownership transfer on the third land on June 30, 200.

B. On June 28, 200, the land No. 1 was divided into L land, and on July 13, 2000, the land No. 2 was divided into M land.

C. On June 30, 200, the registration of ownership transfer was completed as to the following lands (hereinafter “Plaintiff-owned lands”) on the ground of partition of co-owned land.

Plaintiff

A:O land, Plaintiff B: P land, net N: Plaintiff E: R land, Plaintiff F’s land, Plaintiff G, and Plaintiff H: T, U land: V land, Plaintiff I: W land, and Plaintiff J: X land.

D. Each of the instant lands constitutes access roads leading to a group of housing complex, including the land owned by the Plaintiffs, and roads within a complex.

In around 199, the Plaintiffs filed an application for a construction permit with respect to housing on the land owned by the Plaintiffs, and the Defendant demanded the donation of each of the instant land subject to the construction permit.

E. Accordingly, on September 4, 200, Plaintiff A expressed his intent to contribute land No. 1 to the Defendant, while Plaintiff K expressed its intent to contribute land No. 3 to Plaintiff B, net N, Plaintiff E, F, G, H, I, and J with respect to land No. 2.

Accordingly, on September 4, 200 and September 5, 2000, each transfer registration of ownership in the purport of the claim was completed on the grounds of gratuitous reversion of public land in the future of the defendant.

F. Thereafter, on May 28, 2010, the Ministry of Land, Infrastructure and Transport designated and publicly announced as the Z Bogeumjari District by Sung-nam-si, including the land owned by the Plaintiffs, and the land owned by the Plaintiffs is a public site for the Korea Land and Housing Corporation from July 17, 2014 to February 4, 2016.