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(영문) 서울중앙지방법원 2020.08.13 2020나7292
소유권경정등기승낙 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the case where the Defendants make an additional determination as to the allegations in the appellate court under paragraph (2).

The summary of the land substitution is that the previous land AJ 129 square meters (hereinafter “instant land”) and AK 859 square meters (hereinafter “the second land”) in Jung-gu, Seoul and Jung-gu, Seoul were jointly replaced. The ratio of shares in the previous land should be set at the corresponding ratio to the area of the instant land. The registration of the instant land substitution is only registered as a co-owner, and the co-owner’s share is not written, and the co-ownership of the Defendants’ co-ownership of the second land is the same as the previous co-ownership of the land. Thus, the Plaintiff may apply for the registration of correction suitable for the substantive relation. The Defendants, who have an interest in the registration of correction, are obligated to consent to the registration of the instant land substitution.

2. Additional determination as to the Defendants’ assertion in the appellate trial

A. The Defendants asserted that it does not constitute a ground for registration of correction, that the disposition agency did not set the co-owners' shares in the instant land substitution at the time of the instant land substitution disposition, and this is merely a defect in the land substitution disposition itself, and thus, the grounds alleged by the Plaintiff do not constitute a matter of registration that can be corrected through registration of correction

However, if the land of several parcels with different owners is jointly replaced with the land of a legally owned parcel, the ownership of the previous land is fulfilled as it is, unless there are special circumstances.

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