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(영문) 서울남부지방법원 2019.01.18 2017가단228988

소유권이전등기

Text

1. The Defendant was on July 4, 2017 with respect to the Plaintiff’s share of 61/1350, out of 75.4 square meters in Yeongdeungpo-gu Seoul Metropolitan Government.

Reasons

1. Facts of recognition;

A. Plaintiff’s road expansion plan and division of land 1) Seoul Yeongdeungpo-gu Seoul Metropolitan Government D-135 square meters (hereinafter “Before division”).

(E) Around November 20, 1973, pursuant to the Plaintiff’s Road Expansion Plan (NoticeF of Seoul Metropolitan Government), the Plaintiff’s land for “E Corporation” is deemed to be the land of this case, Yeongdeungpo-gu Seoul Metropolitan Government C large 75.4 square meters (2.8 square meters; hereinafter “instant land”).

(A) and G large-scale 370.9 square meters (112.2 square meters, hereinafter referred to as “G land”).

2) On the other hand, among the land 135 square meters prior to subdivision, P owned 6.3/135 shares, H owned 6.3/135 shares, i, J, K, L, M, N, N, and P owned 6.4/135 shares, and 10.1/135 shares.

B. Plaintiff’s land expropriation and ownership transfer registration 1) The Plaintiff would expropriate 22.8 square meters (75.4 square meters) of the instant land necessary for the road expansion plan, and around February 1, 1974, the Plaintiff would expropriate and compensate for shares of H 6.3/135 of H’s 6.3/135 square meters of the instant land and shares of H, J, K, L, M, N,O, andO’s 6.4/135 square meters of the instant land. On February 20, 1974, the Plaintiff completed the registration of ownership transfer for shares of the instant land due to the said land expropriation on or around June 18, 1974. However, on July 1, 1974, the Plaintiff completed the registration of ownership transfer for shares of the instant land falling under the portion of H 6.3/135 square meters of the instant land prior to the said land expropriation.

C. The Plaintiff, who acquired the ownership of share of the instant land prior to subdivision corresponding to the total size of 22.8 square meters (75.4 square meters) of the instant land, completed the construction of road expansion facilities on the instant land and uses it as the Plaintiff’s urban planning facilities until now.

On November 20, 1973, the registration of division was completed on January 31, 1989, with respect to the land of this case and the land before subdivision, which was divided into the land of this case according to the Plaintiff’s road expansion plan, around November 20, 1973. 2) As such, the registration of division has been completed.