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(영문) 서울중앙지방법원 2015.02.17 2014가합563339

소유권이전등기 및 손해배상

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of transfer of ownership in the name of the Plaintiff, Changdong-gun, Gyeongnam-gun, J (the name of the administrative district was changed to K in the Dong-gu, Busan-dong, and the Geum-gu, Busan-gu) with respect to 1,025 square meters (310 square meters) for L, 1,025 square meters (310 square meters) on September 1, 1945, No. 2680, Jul. 24, 1945.

B. On September 8, 1958, the instant L land was divided into 33 square meters (10 square meters), 66 square meters (20 square meters), 76 square meters in Plux 76 square meters (23 square meters), Qb 850 square meters (257 square meters; hereinafter “instant land before the instant subdivision”).

Although the registration of ownership transfer was completed in M’s name, the above O, P, and Q land was divided on May 28, 1964, and the registration of ownership transfer was completed in the name of the Republic of Korea as “the receipt was made on September 1, 1945, No. 2680, and July 24, 1945.”

C. On September 15, 1990, the registration of transfer of ownership was completed on September 14, 1990 in the name of R, S, T, U, and V in the Republic of Korea with respect to the land before the instant partition. D. The registration of transfer of ownership was completed on September 14, 1990 under the name of R, X,Y, Z, A, and Defendant H, and I.

On October 15, 1990, the land before the instant partition was divided into each land listed in the separate sheet (hereinafter “instant land”) on October 15, 199, and by the sequence No. 1, the land was subdivided into “land No. 1”.

The above lands were transferred in order as follows, and each ownership transfer registration has been completed in the future of the Defendants.

[Ground of recognition] The purport of the entire land A-A-A-D Defendant A-A-E on July 17, 191, 191, W on December 28, 1991, Defendant A-A-A-E on May 20, 201, each entry of Gap's 1 through 4, and 6 (including each number), the first land Y-B defendant B, and C (No. 1/2 shares) on the date of the last registration of the person who was the last registration of the person who was the person who acquired the intermediate land in possession, and the second land Y-B on December 15, 2003. < Amended by Presidential Decree No. 13448, Jun. 3, 2001; Presidential Decree No. 13485, Oct. 27, 1990>

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the Republic of Korea completed the registration of ownership transfer of the land prior to the instant partition without any authority and sold it to a third party.

The defendants are the defendants.