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(영문) 서울중앙지방법원 2016.01.22 2015가단5061463

부동산지분소유권이전등기 청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed in the name of the Republic of Korea on April 2, 1954 for the Yeongdeungpo-gu Seoul Metropolitan Government C large 261 square meters (79 square meters before the unit conversion; hereinafter “instant site”).

B. With respect to shares in 30/79 out of the instant land, each of the registrations of ownership transfer was made to D April 2, 1954, to E November 3, 1959, and to the Defendant on March 21, 1980.

C. With respect to the shares of 49/79 of the instant site, F on October 13, 1958; G on November 19, 1959; H on August 26, 1961; H on September 30, 1964; J on April 2, 1974; and on April 4, 1977, each ownership transfer registration was filed with the Defendant.

On the other hand, the Plaintiff owns a house built on a road site with approximately eight square meters and a road site adjacent thereto among the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Eul evidence 4-1, the purport of whole pleadings

2. The plaintiff's ground for claim

A. On December 31, 1954, F received 26.5/79 of the shares in the instant site, which are property devolving upon F, and K 2.5/79 of the shares in the instant site (hereinafter “instant site shares”) from each State.

On October 13, 1958, the F paid all the proceeds from the sale of the property devolving upon the State. However, due to the lack of the circumstances, K made payment of the purchase price and acquisition tax, K made a registration of the shares of 49/79 of F and K in the name of F, and if K is able to make a payment of the purchase price and acquisition tax, K made the registration of ownership transfer for the shares of this case at the end.

K, on March 20, 1975, after completing the registration of ownership transfer in the name of F, after paying the sale price and acquisition tax of the above two-thirds, sold to the Plaintiff on March 20, 1975, and owned and possessed by the Plaintiff until now.

B. The right to claim the registration of transfer of ownership due to the termination of title trust for the instant land portion owned by K is not extinguished by prescription, since the Plaintiff succeeded to K and k continues to occupy it even after the new Civil Code enters into force.

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