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(영문) 서울동부지방법원 2017.02.03 2015나2241
도로시설등철거 등
Text

1. The judgment of the first instance, including the plaintiffs' claims extended from the trial after remand, shall be modified as follows:

Reasons

1. Facts of recognition;

A. On November 28, 1992, when the non-party H owned 21,620 square meters of G miscellaneous land, the ownership was transferred to Hanyang Co., Ltd. as to the share of 9,717/21,620 square meters of G miscellaneous land. On January 13, 1993, the miscellaneous land 11,903m2 was divided among the above G land and the I lot number was set. On February 5, 1993, the above I lot number was owned by H, while G lot was owned by Hanyangyang Co., Ltd.

B. As to the above I Miscellaneous land 11,903m2, the Plaintiff Co., Ltd. acquired each ownership of the shares of 9,717/21,620 shares on April 17, 2002, and the Plaintiff B and Nonparty J acquired each ownership of 5,951.5/21,620 shares on February 21, 2004.

C. On December 6, 2004, 1,863m2 of the above I land was divided into E miscellaneous land E (hereinafter “the land of this case”) and 5,472m2, F miscellaneous land (hereinafter “the land of this case”). On the same day, the Plaintiff Co., Ltd. transferred the ownership of each of the 320.5/21,620 shares out of the land of this case to Plaintiff B and Nonparty J for each trade cause. As to the land of this case No. 2, Plaintiff B and Nonparty J acquired one-half shares through partition of co-owned property between Plaintiff A, Plaintiff B, and Nonparty J on the same day.

On the other hand, with respect to the above I Miscellaneous land 4,568 square meters remaining after the division as above, A Co., Ltd. owned the co-owned property partition on the same day among the land A, Plaintiff B, and Nonparty J, and A Co., Ltd. completed the registration of ownership transfer on the ground of sale on August 10, 2004 to T, U, and V as to the above I Miscellaneous land 4,568 square meters.

On June 10, 2008, with respect to the Plaintiff C, 5,958.4/21,620 shares among the shares of Nonparty J of the instant land on June 10, 2008, Plaintiff D completed the registration of ownership transfer on the ground of inheritance by agreement and division. As to the shares of Nonparty J of the instant land No. 2, Plaintiff C, and Plaintiff D, with respect to the shares of 1/40 shares among the shares of Nonparty J of the instant land, inheritance by agreement and division.

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