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수원지방법원평택지원 2013.10.17 2013가단40532
토지인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From around 1974, C Forest land 27,557 square meters (hereinafter “the mother land of this case”) was owned by D, E, and F from around 1974 in proportion to one-third share. However, the road part of the mother land of this case, which is deemed subsequent, was used from around 191 to the general public as the passage of the general public.

B. On May 2, 1996, a public-private partnership construction company (hereinafter “public-private partnership construction”) purchased all the shares of the co-ownership from the above co-owners of the mother land of this case. On July 3, 1996, after completing the registration of ownership transfer under its name with respect to the mother land of this case on January 30, 1997, the State Industries Co., Ltd. (hereinafter “State Industries”) completed the registration of ownership transfer with respect to the shares of 8,628/28,760 shares.

C. After that, on December 10, 1997, public construction was entrusted to Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee”) a share of 20,132/28,760 [1 - 8,628/28,760] among the mother land of this case and completed the registration of ownership transfer on the same day.

On February 10, 200, G forest land was divided into 2,871 square meters (hereinafter “1 land”) and 24,686 square meters of forest land (hereinafter “2 land”). The land 1 was divided into G road 2060 square meters and B road 81 square meters (hereinafter “the instant road”) after the land category was changed to a road upon application for a housing guarantee on the same day. The land 2 was converted to H, I, J, K, L, M, N, P, P, P, Q, R, R, and land combined with the land 58,29 square meters on February 25, 2000 after the land category was changed to a road.

(C Large 58,299 square meters were the land for the T Apartment Complex, which was jointly constructed by the Cheong General Construction and the Main Industry. (E)

After that, the construction of the Cheong General Construction is registered under the name of Korea Housing Guarantee (hereinafter “instant co-ownership”) with respect to 20,132/28,760 shares among the roads of this case on February 25, 200 (hereinafter “instant co-ownership”) on the ground of the reversion of trust property.