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(영문) 수원지방법원성남지원 2015.06.24 2015가합201417
소유권이전등기말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. In the Land Survey Book drawn up in the Japanese Occupation Period, the Plaintiffs’ line P was indicated as being examined on August 25, 191 by Q280, and the old land cadastre that was restored in around 1970 with respect to the above Q280, entered as its owner.

B. The said Q Q 280 square meters was converted into 423 square meters on October 30, 1971 before R 128 square meters on December 16, 197.

(hereinafter referred to as “land before the instant replotting”), S river 110 square meters, and T river 42 square meters. On October 30, 1974, T river 42 square meters was divided into 13 square meters and U road 29 square meters.

(B) The name of the administrative district of Gwangju-gun V was changed to W, Jung-gu, Sungnam-si, Sungnam-si, and W).

X on May 8, 1979, under the former Act on Special Measures for the Registration, etc. of Ownership Transfer (Act No. 3094, Dec. 31, 1977; hereinafter “former Act on Special Measures”), changed the title of registration of land cadastre relating to the land before the land substitution, and completed registration of ownership preservation in accordance with the former Act on Special Measures on May 22, 1979.

The Korea Land Development Corporation (the name was changed to the Korea Land Corporation on January 1, 1996) entered into a sales contract with the Korea Land Development Corporation on October 1, 2009 to purchase the land prior to the instant replotting with X on May 11, 1991, and completed the registration of ownership transfer for the land prior to the instant replotting due to consultation acquisition on May 15, 1991. Around that time, the registration of ownership transfer for the land prior to the instant replotting Y364 square meters due to land expropriation was completed through a decision of the Central Land Expropriation Committee.

E. On January 27, 1996, the land prior to the instant land substitution and the Y 364 square meters of a river was replaced by the 00.7 square meters in Sungnam-si, Sungnam-si (hereinafter “instant land”) pursuant to the Land Readjustment and Rearrangement Project Act.

F. On September 19, 1997, the Defendant concluded a sales contract to purchase the instant land with the Intervenor joining the Defendant.

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