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(영문) 인천지방법원 2016.08.12 2015가합2443

토지소유권이전등기등

Text

1. The defendant Korea Land and Housing Corporation shall have a share of 349.2475/674.4 square meters among the 674.4 square meters in Bupyeong-gu, Incheon.

Reasons

1. Basic facts

A. The Defendant Korea Land and Housing Corporation (the Korea National Housing Corporation and the Korea Land and Housing Corporation established a merger on October 1, 2010; hereinafter “Defendant Corporation”) sold 674 square meters and c674 square meters to G on December 23, 2002, a commercial site in the said housing site development zone, to G. The first sale contract date of the said F portion including the part on December 22 or C, 2002, which was the final contract date, and as of December 23, 2002, as the sale contract date of the instant land under a cadastral adjustment made on December 23, 202, there is no dispute between the parties.

On August 24, 2004, the status of the land-owner was finally succeeded to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”).

Since then, on May 18, 2006, the land subject to the sale was pointed out as the land B, 674.4m2 and C, 674.4m2 (hereinafter “instant land”) and registered the preservation of ownership in the name of the Defendant Corporation.

B. The Defendant Company newly constructed an aggregate building H (hereinafter “instant building”) which is a Class 1 and Class 2 neighborhood living facility of the second, third and third underground floors on the ground by making the instant land a site, and completed registration of preservation of ownership on August 31, 2006.

C. The Plaintiffs and the Plaintiff’s succeeding intervenors (hereinafter “Plaintiffs”) completed the registration of ownership transfer only with respect to each part of the Plaintiff’s exclusive ownership listed in the attached Form No. 3, which is the date of each acquisition indicated in the attached Form No. 2, from among the instant building, after having directly sold the instant building to the Defendant Company or having transferred the ownership of the instant building from the buyer to the buyer, and paying the purchase price in full (hereinafter “the instant exclusive ownership”).

Of the instant land, the right to a site corresponding to the instant section for exclusive use.