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(영문) 서울고등법원(춘천) 2020.02.05 2019나50104
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part of the judgment excluding Defendant D with respect to each of the lands listed in [Attachment 1] and [Attachment 1].

Reasons

1. Determination as to whether the part of the claim for ownership transfer registration regarding each of the lands listed in [Attachment 1] Nos. 7 and 8 of the instant lawsuit is lawful (the remaining Defendants except Defendant CL, D, CO and CN)

A. Of the instant lawsuit, the part concerning the claim for ownership transfer registration with respect to each parcel of land listed in [Attachment I] List 7 and 8 is to seek the implementation of the procedure for ownership transfer registration on August 19, 2016 for each parcel of land listed in [Attachment I] List 7 and each parcel of land listed in [Attachment I] List 1, 1, 1, 6 on the ground that the land listed in [Attachment I] List 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, 2, 2016, which was after the instant lawsuit was filed, on the ground that the land listed in [Attachment I] List

B. According to Gap evidence Nos. 13-1 through 6, the land indicated in attached Table 1-2, which is the land indicated in paragraph (1) of the attached Table 1, is divided into: (a) 1704 square meters of Gangnam-si BE forest land in Gangnam-si on Aug. 19, 2016; (b) 1568 square meters of land in Gangnam-si; (c) 136 square meters of land in BF forest land in the attached Table 1-2; and (d) 125 square meters of land in Gangnam-si BG school site in the attached Table 1-6, which is the land listed in paragraph (6) of the attached Table 1-2; (d) 104 square meters of land in Gangnam-si BG school site and 21 square meters of land in BH school site (the land listed in paragraph (8) of the attached Table 1-2); (e) the real estate register was not compiled; and (e) the plaintiff did not submit separate data on each land as of the annexed Table No. 17 and 8.

The indication on the cadastral record has changed due to the loss, the division of the land.

Even if the land itself prior to the division is not lost or its legal relationship is changed, it is not a judgment ordering the registration of ownership transfer for one parcel of land.

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