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(영문) 서울남부지방법원 2016.08.18 2015가합105613
소유권이전등기
Text

1. The Defendants are indicated in the attached reference sheet 1, 8, 9, 10, 11, 4, 5, 6, 7.

Reasons

Basic Facts

The details of the registration of the land before subdivision in Yeongdeungpo-gu Seoul Metropolitan Government (=574 square meters; hereinafter referred to as “land before subdivision,” and the divided land, etc. were indicated only by the lot number) was owned D. On January 20, 1954, the registration of ownership transfer was completed on September 11, 194 in the future of the defendant Republic of Korea on September 11, 194.

The land before subdivision was sold by specifying some of the locations E, Defendant F, etc. from January 20, 1954 or from January 31, 1954, but Defendant F, etc. did not register the specific part of the land purchased by dividing it by the method of sole ownership, but completed the registration of ownership transfer as to the portion corresponding to the purchased area for the entire land.

On January 19, 190, B and 217.9 square meters were divided from the land prior to the subdivision of the land, and on November 6, 2006, B was divided into G large-scale 26.6 square meters and H large-scale 6.3 square meters, and B was 185 square meters for the land. On April 4, 2014, the land was again divided from the said land, i.e., 2. 2.6 square meters, J large 25.1 square meters, K large 2 square meters, and L large 3.5 square meters, respectively, and B was 151.8 square meters (hereinafter “instant land”).

As of November 6, 2006, when the area of the instant land was 217.9 square meters (before the division, before November 6, 2006), Defendant M filed a lawsuit seeking the registration of ownership transfer due to the cancellation of mutual title trust with respect to the land of this case as to the 26.6 square meters among the co-registered titleholders of the co-ownership, and received a favorable judgment, and accordingly divided the said 26.6 square meters into G land.

(1) On January 19, 190, Defendant P, Q, and R filed a lawsuit claiming ownership transfer registration on the ground of termination of a mutual title trust (hereinafter “N land”) with respect to the land divided on the land before subdivision. The reason is that the completion of each acquisition by prescription is based on the termination of mutual title trust with respect to the land of this case as to the land of this case under the name of Defendant P, Q, and R, as the name holder of the joint ownership registration (before subdivision on April 4, 2014) with respect to the land of this case, as to the land of this case, 25.1 square meters among the joint registration holders of the joint ownership registration (before subdivision on April 4, 2014).

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