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(영문) 서울중앙지방법원 2019.05.30 2018가단5071270
소유권이전등기
Text

1. The Plaintiff, among each building listed in the separate sheet, as to Defendant C’s share 2556/49140, and Defendant D’s share 2436/49140.

Reasons

1. Determination on the claim against Defendant B, F, H, I, J, K, M, N, andO

A. On May 30, 1963, U and V each of the buildings listed in the separate sheet (hereinafter “each of the buildings of this case”) is referred to as “each of the buildings of this case”).

(2) U and V completed the registration of ownership transfer on September 14, 1967 on the ground that each of the instant buildings was sold on September 14, 1967 and completed the registration of ownership transfer to the Plaintiff on November 22, 1967.

3) U died on November 18, 1974; V died on May 4, 1985, and the inheritance relationship of the above Defendants is as indicated in the attached inheritance shares calculation table.B. The Plaintiff’s assertion 1) The Plaintiff purchased all of the instant land and each of the instant buildings from U and V on November 22, 1967, and the ownership transfer registration was completed only for the instant land due to mistake in the process of completing the registration.

Therefore, since each of the instant buildings is owned by the Plaintiff, the said Defendants, U.V’ inheritors, are obligated to complete the registration of ownership transfer with respect to their shares based on their respective shares of inheritance to the Plaintiff.

2) Since November 22, 1967, the Plaintiff occupied each of the instant buildings from around 20 years to around 20 years after completing the registration of ownership transfer with respect to the instant land, the said Defendants are obligated to complete the registration of ownership transfer with respect to their respective shares to the Plaintiff on the ground of the completion of the prescription period for possession acquisition. (C) There is no evidence to acknowledge that the Plaintiff purchased each of the instant buildings from U and V.

The plaintiff's primary argument is without merit.

(2) It is recognized that the Plaintiff occupied each of the buildings of this case for not less than 20 years from November 22, 1967 only on the sole basis of the fact that the Plaintiff purchased the land of this case from it. (2) Nos. 6 through 9 (including the virtual numbers).

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