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(영문) 서울북부지방법원 2018.02.06 2017나30840
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Replotting 1) The Dongdaemun-gu Seoul Metropolitan Government C 7,485 square meters (hereinafter “instant land before the instant land substitution”).

A) On September 29, 1955, after the registration of ownership preservation was completed under the name of the Republic of Korea on September 29, 1965, a replotting disposition to which the reduction rate equivalent to the ratio of the area corresponding to the prospective site to be constructed under the land readjustment and rearrangement project plan on October 5, 1967 applies (hereinafter “instant replotting disposition”).

D) In accordance with D’s reasoning, D’s 1,287 square meters (4,256.8 square meters, hereinafter “instant D’s land”).

Since then, D, N, andO land is divided, and the area of D land is 3,898 square meters.

2) As to the instant E land: E, E, 3,592.3 square meters (11875.4 square meters, hereinafter “instant E”).

2) On February 13, 1969, the registration of ownership preservation was completed in the future of Seoul Metropolitan Government on February 13, 1969, and thereafter the ownership transfer registration was completed in the Defendant’s future on August 16, 1988.

3) On June 26, 2008, the instant F land is deemed as the instant land: (a) B road No. 697.6 square meters (hereinafter “instant land”).

(B) Along with G road 3,252.1 square meters, ③ H road 332.4 square meters, ④ I road 308.2 square meters, etc., the ownership transfer registration for shares in the instant land was completed in the Defendant’s name from 2009 to 2015 under the name of the Defendant, following a change in co-ownership. (B) The Plaintiff’s ownership registration was completed on the instant land prior to the instant land substitution. There were a number of unauthorized buildings, and the owner of each building exclusively occupied the site of the relevant building; (c) the Seoul Dongdaemun-gu Seoul Metropolitan Government (No. D70) and the 16th 4th luabbbe 3 (hereinafter “instant housing”) were located in the instant land prior to the instant land substitution disposition.

2 Korea recognizes such occupation relations, and grants to the owners of the buildings the share of the land equivalent to the area occupied by the building.

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