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(영문) 서울고등법원 2018.12.20 2018나2048237
지분소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The defendant is Seoul from the plaintiff 1.

Reasons

1. Basic facts

A. The Plaintiff is an owner of 164.4/626 shares among the 73.4m2 in Jung-gu Seoul Metropolitan Government Tran-gu (hereinafter “instant land 1”).

Co-defendants in the first instance trial enter the land as co-owners together with the defendant in the register of the land, and the share ratio by co-owner is as specified in the column of "share held by each co-owner".

Meanwhile, the Plaintiff, the Defendant, and the co-defendants of the first instance trial are recorded as co-owners in each register of 357 square meters in Seoul U.S. and AA large 4.7 square meters (hereinafter “the third land”).

The plaintiff's share ratio in each of the above lands is 21.9/626, the defendant's share ratio is 142.5/626, and the share ratio of co-defendants in the first instance court is as shown in the "share owned by each co-owner" column in attached Form.

B. On October 10, 1956, the land of this case was divided into approximately 2,069m2 in Jung-gu, Seoul (hereinafter “the land before division”).

On October 10, 1956, the land before subdivision was divided into U or W land in Jung-gu, Seoul, including the land No. 1 in this case, and among which X land was divided into X land and Y land on April 4, 1962, and W land on July 9, 1964, respectively, and on November 4, 1987, the registration of subdivision was completed on the said divided land.

After subdivision, U land was re-divided on March 15, 2001 into the land of this case and the third land of this case, and the registration of subdivision was completed on March 21, 2001 with regard to the above divided land.

C. The Defendant divided the land before subdivision and sold each part of the land possessed by each purchaser. During that process, each purchaser specified the part occupied by each purchaser, but transferred the share of the land before subdivision (the corresponding ratio of the occupied part to the entire area of the land before subdivision) corresponding to the area of the occupied part.

In such a way, the defendant shall share 142.5/626 of the pre-divisiond land between April 30, 1954 and September 13, 1980.

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