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(영문) 서울북부지방법원 2017.04.06 2016가단144420
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s basic facts: (a) completed each preservation of ownership on the instant land C and D’s third floor adjacent to the instant land on August 13, 197; and (b) D’s second floor building on December 30, 1982; (b) the Defendant completed the registration of ownership transfer on the entire land B including the instant land on July 28, 198 and designated B’s land as administrative property from miscellaneous property; (c) Meanwhile, under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant improvement project”); (d) the instant land was included in the E-Unit Housing Redevelopment Project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant improvement project”); and (d) on behalf of the Plaintiff on October 19, 2016, the instant rearrangement project association paid the Plaintiff the remainder of the land subject to the Defendant’s imposition on the Plaintiff on behalf of the Plaintiff, with respect to the use of the instant land, and there was no dispute between the Defendant and the Plaintiff on the remainder of 16.

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff's father F occupied the land of this case in a peaceful and public performance manner from March 19, 1966 by the plaintiff's father F, and the plaintiff succeeded to the land of this case, the defendant asserts that the plaintiff is obligated to implement the procedure for the transfer of ownership on March 19, 1986 due to the completion of the statute of limitation for possession acquisition, and to return the compensation amount of KRW 6,593,170 on behalf of the plaintiff as unjust enrichment.

B. In the event that the original miscellaneous property becomes administrative property, even if the acquisition by prescription has been completed at the time of the date of miscellaneous property, the registration of ownership transfer based on such property cannot be filed insofar as it becomes administrative property (see Supreme Court Decision 96Da10782, Nov. 14, 1997), public property, and public property.

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