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(영문) 서울중앙지방법원 2017.10.13 2015가단5383088
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On August 29, 197, E completed the registration of ownership transfer with respect to the land of Jongno-gu Seoul Metropolitan Government 2820 square meters of forest land (hereinafter “land before subdivision”), due to sale as of August 24, 197, and completed the registration of ownership transfer with respect to the share of 248/20 of the land before subdivision as of November 23, 1978, on the ground of partial sale as of November 20, 1978.

B. G completed the registration of ownership transfer under H’s name on the ground of sale and purchase as of February 10, 1989, with regard to 248/2820 of the above principal’s shares among the lands before subdivisions on May 24, 1989.

C. On September 28, 2001, the land before subdivision was divided into 2572 square meters of the Jongno-gu Seoul Metropolitan Government F forest land (hereinafter “land after subdivision”; E equity 2572/280; H equity 288/2820); and D forest land 248 square meters (hereinafter “instant land”); E equity 2572/20; and H equity 248/2820). D.

After that, H completed the registration of ownership transfer under the name of I and J on November 19, 2003 with respect to the shares of 124/2820 of each of the lands after the split-off on December 19, 200 and shares of 124/28 of each of the instant lands on November 19, 203.

E. Meanwhile, after the division, K, the creditor of E, filed an application for the auction of real estate rent with the Seoul Central District Court for the auction against E/ 2572/20 of the land of this case, and K, the creditor of this case, filed an application for the auction of real estate rent with the Seoul Central District Court. In the auction procedure, after the division on August 12, 2005, the Defendant completed the registration of ownership transfer under the name of the Defendant on the ground of the sale of 2572/20 of the land of this case as well as 2572/20 of the land of this case due to voluntary auction.

F. On April 30, 2015, I and J completed the registration of ownership transfer in the name of the Plaintiffs on April 7, 2015 with respect to shares of 124/2820 among the land in this case and shares of 124/20 among the land in this case, on the ground of sale as of April 7, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs.

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