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(영문) 서울서부지방법원 2017.05.16 2016나34605

소유권이전등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Yongsan-gu Seoul, Yongsan-gu, Seoul (hereinafter “the instant site”) was owned by the Defendant (Ministry of National Defense). However, the said site was designated as a H Housing Improvement Development Area on December 1, 1973 pursuant to the former Act on Temporary Measures for the Promotion of Housing Improvement (amended by Act No. 2581, Mar. 5, 1973; December 31, 1981; hereinafter “Temporary Measures Act”) and was officially announced as a H Housing Improvement Area around July 1, 1974 pursuant to Article 5 of the Temporary Measures Act.

B. On the ground of the instant site, there was an unauthorized building with the third floor (hereinafter “instant building”). The Plaintiff’s attached network D (hereinafter “the deceased”) purchased the instant building around 1975 and obtained approval from the head of Yongsan-gu office on November 7, 1975 for change of the owner’s name.

C. On November 9, 1976, the deceased decided to purchase the site of this case from Seoul Special Metropolitan City for KRW 490,000,000, and paid the price on February 8, 1977, but the transfer of ownership was not completed in the name of the deceased in Seoul Special Metropolitan City.

On April 26, 1982, when the designation of H Housing Improvement Development Zone was revoked, the Seoul Special Metropolitan City had conducted a procedure to restore transferred property without compensation, and the site of this case had already been sold to the deceased, so the ownership should not be returned under Article 6 (2) of the Enforcement Decree of the Temporary Measures Act, but due to administrative error, the transfer registration of ownership was completed to the defendant on August 16, 191 due to administrative error.

E. Upon the death of the deceased on July 21, 1998, F, the wife of the deceased, and the Plaintiff and G, the wife of the deceased, filed a lawsuit against the defendant against the Seoul Central District Court 2006da475782, which sought implementation of the procedure for the transfer of ownership based on the completion of the prescriptive acquisition on November 9, 1996, and sentenced the above court in favor of the above court on July 24, 2007, and completed the transfer of ownership on September 18, 2007 based on the above judgment.

F. The Plaintiff is from F and G on October 19, 2007.