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(영문) 서울중앙지방법원 2018.07.05 2016가단5310223

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 11, 1960, C Co., Ltd. (hereinafter “C”) constructed a building on the third underground floor (hereinafter “instant building”) on the land of 543 square meters in Busan Dong-gu, Busan. In addition to D land, the said building was built on the land of 25 square meters in size, F large scale 10 square meters in size, G large scale 23 square meters in size, and the instant part of land.

B. C on June 30, 1965, purchased E, F, and G land on which the above building was invaded, including D large 543 square meters, which is the site for the instant building, and completed the registration of ownership transfer for each of the above lands on July 1969.

C. C completed the registration of initial ownership of the instant building on January 11, 1961, and obtained approval for use on April 10, 1962, and used it as C’s business office from that time. On January 4, 1999, following the merger with the Plaintiff on January 4, 199, the registration of ownership transfer in the name of the Plaintiff (Gu’s trade name: H) was completed.

The cadastral record and the registry (1) closed (2) register with respect to the instant land and the registry (2) closed on November 23, 1978, indicated that the instant land (15 square meters) was divided from B to B, 566 square meters on September 23, 1968, and the registration of preservation of ownership was completed in the Defendant’s name on the same day.

(2) On the card-type land cadastre (written on February 3, 1977), the registration of preservation of ownership was completed on September 23, 1968 by the Defendant (National Tax Service: National Tax Service) with respect to B-road No. 123 square meters (hereinafter “instant land before division”).

(3) On October 11, 2004, the instant land before subdivision was divided into the instant land and I road 74 square meters. On June 9, 2000, it appears that the ownership was changed to the Defendant (Management Agency: the Ministry of Finance and Economy) by the transfer management agency.

described as such.

(4) The current registry shall state that the defendant (the Office of Administration: the Ministry of Finance and Economy) has completed the registration of preservation of ownership on the land of this case before the division on June 9, 200.

(5) January 1, 1966.