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(영문) 서울중앙지방법원 2018.08.30 2017가단5213770
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. (1) On October 17, 1990, F Co., Ltd. (1) sold part of the instant road and the instant site to 40 persons, including H, and completed the registration of ownership transfer for each of the buyers in the future. The Defendant, one of the buyers, completed the registration of ownership transfer for shares on the 154.7/3,463.8, out of the total number of shares on October 17, 1990.

(2) Since February 1, 1993, the land before subdivision was divided according to each share owner’s share under the former Act on Special Cases Concerning the Partition of Co-owned Land. Accordingly, the Defendant acquired the land of this case on a single basis (hereinafter “instant land”).

On the other hand, the defendant acquired ownership by constructing multi-family houses and neighborhood living facilities on the ground of the instant site (hereinafter “instant building”).

(3) Meanwhile, since the road of this case was planned as a passage to the surrounding ten parcels of land, including the site of this case during the said partition, the land category was changed at the same time as the road was divided, and accordingly, the registration of transfer of ownership has been completed to ten neighboring landowners, including the completion of the registration of transfer of 41.4/118 shares among the defendants.

B. (1) On July 26, 1996, the Defendant sold the instant building site and the instant building to C, and completed each registration of ownership transfer on August 30, 1996, and C sold it to J on June 30, 2001 and completed each registration of ownership transfer on September 13, 2001. The J sold it to E on February 26, 2002 and completed each registration of ownership transfer on May 2, 2002, and E completed each registration of ownership transfer on September 17, 2008.

(2) Meanwhile, E is between the Plaintiff and the Plaintiff on January 23, 2018.

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