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(영문) 서울중앙지방법원 2020.06.11 2019가단5167741

소유권이전등기

Text

1. The plaintiff's lawsuit of this case is dismissed.

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

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up during the Japanese Occupation Period, the G 1,029 No. 1,029 (hereinafter “instant assessment land”) was assessed against H residing in the G of the G of the G of the G of the G of the G of the Gyeonggi-do.

B. On December 30, 1961, the instant assessment land was divided into the following: (a) 798 square meters, JJ 231 square meters (in this case, the conversion of the area into the area of 764 square meters, and the change to the administrative district into the KS-dong in the Gyeonggi-si; hereinafter “the land before the instant annexation”).

C. The land before the instant annexation completed registration of ownership preservation on May 5, 1962 by the Republic of Korea, and the registration of ownership transfer was completed on September 18, 1993 on December 29, 1984 to L on September 18, 1993.

After that, the registration of ownership transfer was completed on August 28, 2001 for the land before the merger of this case, and on March 29, 2002, the registration of ownership transfer was completed on the trust ground in the name of N Co., Ltd.

E. Since December 26, 2003, the land prior to the instant annexation was combined with the O large 45,956 square meters in Yangju-si, Gyeonggi-do, and the apartment was constructed and sold on the land above the combined land, and the site ownership was established on April 12, 2004, and the ownership transfer registration was completed for each purchaser of the apartment, including the net P, with respect to the share of 46.895/45, respectively.

F. The Defendants are the successors of the network P.

[Ground for recognition] Unsatisfy, Gap evidence 1, Gap

2. H, the assessment title of the instant assessment land, is the same as that of the Plaintiff. Of the instant assessment land, the land divided prior to the annexation of the instant assessment land was determined not to be distributed simultaneously with the enforcement of the former Act on Special Measures for the Adjustment of Farmland Reform Projects (amended by Act No. 1993, Mar. 13, 1968; repealed by Act No. 2 subparagraph 2, Dec. 22, 1994; hereinafter “Special Measures Act”), or was not distributed within one year as at the time of the enforcement of the Act on Special Measures, since it was not distributed within the period of one year as stipulated in Article 2 (3) of the said Act, ownership was reverted to the Plaintiff’s owner.

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