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(영문) 서울동부지방법원 2018.01.12 2015가합104945
소유권이전등기
Text

1. The plaintiffs and the plaintiff succeeding intervenors' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Prior to land substitution, Seongdong-gu Seoul Metropolitan Government (hereinafter “Before land substitution”) specifying the location and area of each of the said 17 persons, including D, etc., and divided ownership registration or ownership transfer registration was completed with the said 17 persons’ co-ownership in the registry.

B. On September 5, 1942, a disposition of designating a land as a planned land substitution was taken on November 14, 1967. On November 14, 1967, the land was determined to be substituted with four lots of land, including the instant land, E, E, 463 square meters, F, 196 square meters, G 413 square meters, etc. (hereinafter “after replotting”). The co-ownership relation on the land prior to replotting was transferred to the land, as is, after the land substitution.

C. After that, the land of this case has partially divided ownership by specifying the location and size of each of the plaintiffs and the defendants, and in its register, each of the plaintiffs' share list and the defendants' share list has completed the registration of ownership transfer for each of the relevant shares.

Plaintiff

B On May 22, 2017, where the instant lawsuit is pending, the Plaintiff’s succeeding Intervenor completed the registration of ownership transfer on the ground of donation on May 10, 2017.

[Ground of recognition] ① Defendant H, I, J, K, L, M, N, andO: Confession (main sentence of Article 150(3) and (1) of the Civil Procedure Act); ② The remainder of the Defendants: the absence of dispute; Gap evidence; Eul evidence 1; Eul evidence 1 and 2; Byung evidence 1 (including those with a serial number; hereinafter the same shall apply); the result of the appraiser’s survey and appraisal; the purport of the entire pleadings;

2. The judgment of this Court

A. The land before the rest of the plaintiffs and the plaintiff succeeding intervenors specified their respective locations and areas, and divided ownership registration was completed in the register with the above 17 co-ownership. However, each specific part was transferred before and accordingly the co-ownership registration was completed. Accordingly, the remaining plaintiffs and the plaintiff succeeding intervenors (hereinafter referred to as the "Plaintiffs, etc.") at present.

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