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(영문) 서울고등법원 2018.10.25 2017나2071643
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The defendant is dated December 22, 2005 with respect to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an association consisting of merchants in the E market established in only one unit of E (including the previous lot number for the convenience of this year) in Chungcheongnam-si, Chungcheongnam-si, and the Defendant is the Plaintiff’s member.

나. F㈜[변경 후 상호: ㈜G, 이하 상호 변경 전후를 불문하고 F㈜이라고 지칭하기로 한다]은 2002년 4월경 Q㈜ 제1심판결에는 매수상대방이 H㈜으로 기재되어 있으나, 매수시점인 2002년 4월경 위 회사의 상호는 이미 Q㈜로 변경되어 있었던 것으로 보인다.

Accordingly, the counter-party to the purchase is marked as Q.

로부터 I 대 43,311㎡ 토지를 매수한 후, 이를 I 내지 J까지 52필지로 분할하여 위 E시장 상인들에게 분양하였고, 위 각 필지에 관한 소유권이전등기는 위 Q㈜로부터 수분양자들에게 곧바로 마쳐주었다.

C. Each of the particulars of partition of K and L land shall be as follows:

1) On June 25, 2002, the transfer registration under the Defendant’s name was completed on the ground of the “sale on March 30, 2002,” which was divided from the said I’s land and on July 9, 2002, on the first land.”

B) On June 25, 2002, Lbaly 330 square meters (hereinafter “second-party land”) is deemed as “second-party land.”

A. After the division from the above I land, the registration of ownership transfer was completed on the ground of M on July 9, 2002 on the second land.

After that, the registration of transfer of ownership in the name of the defendant was completed on the ground of the "trade on May 12, 2006" on the second land on December 22, 2005.

2) The additional process of partition of land No. 1 (the owner is still the defendant even after the partition).

(A) On June 5, 2007, N-149 square meters was divided from the first land, and on November 14, 2014, an O-24 square meters was further divided from the said N-land.

(B) On November 14, 2014, K large 191 square meters (No. 1 land is divided as indicated in the preceding paragraph, and the N land is a land after it has been completed, as in the preceding paragraph).

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