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(영문) 서울중앙지방법원 2017.09.26 2017가단5059235

소유권이전등기

Text

1. Defendant Korea’s share 21.2/90.8 square meters in Dongdaemun-gu Seoul Metropolitan Government 90.8 square meters to Plaintiff A on March 21, 2017.

Reasons

1. Basic facts

A. On October 1, 1957, the Defendant Republic of Korea completed the registration of initial ownership registration with respect to the E large 9,223 square meters (hereinafter “instant land”) of Dongdaemun-gu Seoul, Dongdaemun-gu (hereinafter “instant E”) on October 1, 1957. The administrative district indication of the above land was changed to 1,075 and 24 lots of land, Dongdaemun-gu, Seoul, as a result of a disposition of replotting under a land readjustment project on October 5, 1967 (i.e., the number and the lot number on the register was changed to 9,223 square meters from 9,223 square meters to 5,793.2 square meters in terms of the administrative district due to the land substitution registration) and 244 lots of land from Dongdaemun-gu, Seoul, as well as on March 201 (hereinafter “the instant land parcel number is inconsistent with the registration number on the administrative district and the registration number on the divided land under the Act on Special Cases Concerning the Acquisition of Ownership, etc.

B. Meanwhile, the registration of ownership preservation was completed in the name of Dongdaemun-gu Seoul Metropolitan Government on February 13, 1969, which was scheduled to be substituted as a road site at the time of the above replotting disposition, and the registration of ownership transfer was completed on August 16, 198 after succession to the defendant Dongdaemun-gu Seoul Metropolitan Government, and the registration of ownership transfer was completed on August 16, 198. On June 26, 2008, ① H road 697 square meters, ② D road 3,252.1 square meters (hereinafter “instant 2 land”), ③ I road 332.4 square meters, ④ J road 308.2 square meters, but the previous land use status was maintained.

C. At the time the Defendant Republic of Korea made registration of preservation of ownership of the instant land E, there were a number of unauthorized buildings on that ground. Since the owners of each building owned the site of the building exclusively, the Defendant Republic of Korea recognized the possession relationship and sold to the owners of unauthorized buildings the total of 7,392.12 square meters by specifying each occupied part to the owners of unauthorized buildings. The registration is completed in proportion to the total area of the land sold.