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(영문) 서울고등법원 2017.12.15 2016나2077736

소유권이전등기

Text

1. Revocation of a judgment of the first instance;

2. Of the instant lawsuit, the Plaintiff’s claim against Defendant B and C shall be dismissed.

3. This.

Reasons

1. Basic facts

A. After obtaining a license to reclaim public waters on the Seo-gu Incheon Seo-gu L Salt, which was owned by Defendant D, completed reclamation works in around 1999, Defendant D sold a certain area to the members of a timber processing complex association by specifying a certain area, and made a registration of transfer of ownership according to the ratio of area of the specific part for convenience, and thereafter the said Lson was divided into M or N.

B. Defendant D agreed to bear Defendant D’s obligation to reclaim, divide, merge, change the form and quality of, and pay development charges with regard to the sale of the above reclaimed land. In the event of nonperformance, Defendant D entered into a transfer agreement with Defendant D and F to jointly transfer the ownership of the instant land and the instant land on August 20, 201, which was excluded from the sale subject to an agreement to jointly transfer the ownership of 6,154 square meters in Seo-gu, Incheon, which was a member of the wood processing complex association (hereinafter “O et al.”). < Amended by Presidential Decree No. 17574, May 2005; Presidential Decree No. 3509 square meters in the Seo-gu, Incheon, Incheon, by dividing the ownership of the instant land into the instant land into the instant land and the instant land on August 2, 2017; Presidential Decree No. 25090, Aug. 2, 2017.

C. Since 1962, the instant land was owned by Defendant D, and since 1999, the registration of ownership transfer by shares was completed in the name of “O” and “F” under the name of “F, not a member of the wood processing complex association. However, Defendant D completed the registration of ownership transfer on August 11, 200 with respect to the instant land under the aforementioned security transfer agreement with F on August 11, 200.

As to the land of this case against F and Defendant D prior to the division by the Incheon District Court No. 2004Gahap1512, 2005Gahap2031, the F performed the procedure for the cancellation of ownership transfer registration in the name of F on August 11, 200, and Defendant D performed the procedure for the cancellation of ownership transfer registration in the name of F on August 11, 200, with respect to each of 1/2 shares against Defendant B and C. < Amended by Presidential Decree No. 18508, Sep. 2004>