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(영문) 서울중앙지방법원 2015.11.13 2015가단30310

소유권이전등기

Text

1. The plaintiff's main claim is dismissed.

2. The Defendant shall draw up to the Plaintiff the attached Form No. 158.1 square meter in Jongno-gu Seoul Metropolitan Government.

Reasons

1. Basic facts

A. The land in Jongno-gu Seoul, Jongno-gu, Seoul (hereinafter “the instant land No. 1”) and Jongno-gu Seoul (hereinafter “the instant land No. 2”) had originally been the woodland in Jongno-gu Seoul. The land category was changed to the site around 1957 and the land classification was changed as at February 15, 1958, and its lot number was changed.

B. The above Seoul Jongno-gu Seoul District E Forest Unit was a building without permission until 1958, but the Defendant removed the existing building without permission and decided to newly construct and sell the housing site after creating the housing site on the site.

C. Accordingly, at around 1958 upon delegation by the Defendant, the Shipbuilding Housing Foundation (the name of the Korea National Housing Corporation was changed thereafter) created housing sites by removing the existing unauthorized building constructed on the above land and newly constructed the housing. The sale price to the residents residing at this place shall be ten years, and the sale price shall be repaid in installments, but when the sale price is completed, the registration of ownership transfer was completed under the name of the purchaser. D.

The Joseon Housing Foundation completed the registration of initial ownership in its own name on June 8, 1961 for the above houses newly constructed in accordance with legitimate procedures on the ground, such as (i) part on the ship connected with each point of (ii) Nos. 35, 542, 32, 36, and 35 in sequence among the land No. 1 in this case and (iii) part (iv) of the attached drawing No. 33, 34, 35, 542, and 33 in sequence among the land No. 2 in this case and (iv) of the attached drawing No. 33, 34, 35, 542, and 33 in sequence.

E. After that, repayment of the sale price was completed for a newly built house in the possession area of this case (hereinafter “the instant house”), and the ownership transfer registration was completed in order with respect to the instant house around November 15, 1960, G around November 15, 1978, and H on November 5, 1973, and H occupied and used the instant house.