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(영문) 서울중앙지방법원 2017.11.07 2016가단5270516

소유권이전등기

Text

1. The Defendant committed on October 17, 2010 with respect to the Plaintiff’s share 17.6/90.9, out of the Dongdaemun-gu Seoul Metropolitan Government 90.9 square meters.

Reasons

1. Basic facts

A. In the process of implementing the land readjustment project in Dongdaemun-gu Seoul Metropolitan Government, the land substitution disposition, which is the land substitution determination place, was finalized on October 5, 1967, with respect to the D Forest 12 Report (hereinafter “land before the land substitution”) divided from the 6th 6th Ga of the Dongdaemun-gu Seoul Metropolitan Government C Forest land (hereinafter “the land before the division”) as the land substitution determination place for D Forest 12 Report (hereinafter “land before the land substitution”).

B. Meanwhile, the co-owners of co-owned land, including the instant land, filed a claim for partition of co-owned land with the head of Dongdaemun-gu pursuant to Article 14(1) of the former Act on Special Cases Concerning the Partition of Co-owned Land (amended by Act No. 4875 of Jan. 5, 1995, Mar. 31, 200; hereinafter “Co-owned Land Partition Act”) on March 30, 200, and the procedure following the decision to commence partition was completed and the registration of partition was completed on the commission of the head of Dongdaemun-gu.

C. The Defendant concluded a contract for the sale of state property with the possessor who owned each house on the land before replotting and resided therein, and sold each part of the land before replotting. During the replotting and division, there was a disagreement between the lot number area and the lot number area on the register in the administrative district by a replotting disposition and the land before replotting, and the E ownership transfer registration was completed on October 17, 1990 as to the 54 square meters of the land before subdivision, and the E ownership transfer registration was completed on January 9, 2003 on January 9, 2003 as to the land in this case on January 9, 200, and the remaining 17.6/90.9 shares were owned by the Defendant.

On the surface of the airline taken on November 9, 1981 on the land of this case, there had already been a "existing unauthorized building", which is an unauthorized building recorded in the building register without permission as of December 31, 1981, as of December 31, 1981, as stipulated in Article 2 subparagraph 1 of the Seoul Special Metropolitan City Ordinance on the Urban Redevelopment Project (Seoul Special Metropolitan City Ordinance No. 4167, Dec. 30, 2003; repealed on December 30, 2003; or on the second aerial photography on April 12, 1982.