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(영문) 서울행정법원 2019.03.29 2018구합62843

환지등기촉탁거부처분취소등

Text

1. The plaintiff's main claim is dismissed.

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3...

Reasons

1. Details of the disposition;

A. The instant apartment building is a land located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, 926 square meters of forest C, 50 square meters of forest land, 50 square meters of forest land, E, 165 square meters of forest land, 1,114 square meters of forest land, and 632 square meters of G forest land, located in P of Seodaemun-gu, Seodaemun-gu, Seoul. (See attached Table 1, the total area is 2,87 square meters of forest land.)

"Land before the division of this case" in total;

The Intervenor joining the Defendant and H, I, J, K, L, M, N Co., Ltd. (the trade name before the change is an O Co., Ltd.).

The term "N" and "the Intervenor joining the Defendant, etc." in the event that the above eight persons are collectively named.

N was owned, and N was 2,745 square meters (hereinafter below) out of the land before the instant partition.

As seen in paragraph (1), as seen in paragraph (1), an apartment building consisting of a total of 47 households on the ground (hereinafter “instant apartment building”) shall be newly built on the ground (excluding the remaining part of the land, excluding the portion of 142 square meters divided into C forest land and fields) and the registration of ownership transfer is completed in the future between June 29, 1981 and June 26, 1985.

2) Meanwhile, as the Act on the Ownership and Management of Aggregate Buildings was enacted and implemented as Act No. 3725 on September 2, 1986, the registration of a site ownership of the instant apartment house was completed with respect to the share of 2372.86/2887 of the ownership of the instant land prior to the instant partition (the “ratio to the previous land” in the attached Table 3), and the registration of a site ownership was completed with respect to the share of 51.9/287 for each section of exclusive ownership as the share of 51.9/287 for each section of exclusive ownership. However, in the case of Q Q, the registration of a site ownership was completed with respect to the share of 926 square meters in C forest land, 50 square meters in D forest land, 165 square meters in E forest land, 1,114 square meters in F forest and forest land, 56.2/287 shares in Rdong land, 16.53/287 shares in T-ho.

(B) As to the remaining portion of 514.14/2887 shares, the registration of ownership transfer by the Defendant joining the Defendant, etc. was maintained as is. B. The land division and substitute lot 1 before the instant partition) out of C forest land before the instant partition.