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(영문) 서울서부지방법원 2019.05.03 2017나37717
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 31, 1985, the Defendant and I, J, and K (hereinafter “Defendant, etc.”) completed the registration of ownership transfer of each of 1/4 shares in relation to the D-413 square meters of Gangwon-gun, Seocheon-gun (hereinafter “instant land before the instant subdivision”).

B. On February 28, 1989, E completed the registration of preservation of ownership on the above-mentioned land, which was a wooden tank, a string roof, a single-story store, and a house of 73.80 square meters on the land before the instant partition (hereinafter “the building before the instant extension”).

C.1) On December 12, 1991, the Defendant, etc. completed the registration of transfer of ownership with respect to the portion of 99/413 of the land before subdivision of this case on November 25, 1991. 2) E applied for the registration of change of a registered titleholder on January 29, 193 with respect to the land before subdivision of this case and the building before subdivision of this case on January 10, 1992.

3) On the building ledger for the building prior to the instant extension, there is an entry of changes in the content that the building ledger for the building prior to the instant extension had extended 20.82 square meters of detached houses on May 13, 2005 (hereinafter “instant building”).

d. 1) E completed on September 12, 2006 the registration of ownership transfer for shares in 99/413 of the instant land before subdivision and the instant building due to sale.

2) On December 29, 2006, the former Act on Special Cases Concerning the Partition of Co-Owned Land (hereinafter “Co-Owned Land Partition Act”) for the land prior to the instant subdivision is the same as the previous Act on the Partition of Co-Owned Land.

2) As to the division of this case, the Defendant et al. shared with shares of each 1/4 by the Defendant et al. (hereinafter referred to as “land after the division of this case”).

(3) The most part of the instant building is located on the ground of 90m2, Gangwon-do, Seocheon-gun, Gangwon-do, the sole owner of which was divided into three lots. The part of the instant building is located on the ground of 21,22,23,24, and 21m2, among the land after the instant division, the attached appraisal of the instant building is located on the part of 32m2m2 (hereinafter “the part on board”) which connects each point of 21,22, 23, 24, and 21m2.

4. Whether a single-story house of 20.82 square meters extended by May 13, 2005 is on the part of the dispute.

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