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(영문) 서울중앙지방법원 2016.07.08 2015가단123786
소유권이전등기절차 이행
Text

1. The defendant shall attach attached Form 3 square meters among the 3 square meters in Jung-gu Seoul Metropolitan Government to the plaintiff.

1. The marks of drawings (1), (2), (3), (4), and (1); and

Reasons

1. Basic facts

A. On October 17, 1978, Nonparty C, following the Plaintiff’s acquisition of ownership on the Plaintiff’s housing and its site, completed the registration of ownership transfer on the ground of sale as to D’s 17 square meters (hereinafter “D’s land before annexation”) and E’s 33 square meters (hereinafter “E land”) and its 28.65 square meters (hereinafter “instant housing”).

The registration of ownership transfer was completed on May 17, 198 with respect to the land D and E before the annexation and the housing of this case due to the inheritance of the property on May 17, 198. The registration of ownership change was completed in the F's sole name on December 1, 1995 due to inheritance by consultation division on December 1, 1995.

On August 22, 2005, the Plaintiff completed the registration of ownership transfer on August 19, 2005 with respect to D land and E before annexation and this case’s housing.

Meanwhile, on March 31, 1966, the registration of ownership transfer was completed in the name of the Defendant on March 31, 1966 with respect to the land of Jung-gu Seoul, Jung-gu, Seoul (hereinafter “G land”), adjacent to D land. However, from around 2003, the Defendant imposed indemnity on F and the Plaintiff, etc. on the ground that five square meters out of G land is being used as the site of the instant housing.

On June 18, 2012, the Plaintiff completed the registration of transfer of ownership from the Defendant on the G land on May 25, 2012.

On September 2, 2013, the Plaintiff completed a merger registration with D and E land prior to the annexation, which is composed of 57 square meters in Seoul, Jung-gu, Seoul.

B. On March 31, 1966, the Plaintiff part of the land owned by the Defendant, which is a part of the instant housing site, completed the registration of ownership transfer with respect to B-Gu, Jung-gu, Seoul (hereinafter “B-gu”).

Attached Form B among land B

1. Drawings indicating (1), (2), (3), (4), and (1) are used as a site for the building of this case in the order of each point (hereinafter “the instant part of land”). (No. 2-3 cadastral status map, No. 6) and the Defendant.

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