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(영문) 서울중앙지방법원 2017.08.10 2016가단5265637
소유권이전등기
Text

1. The Defendant shall recover the true name with respect to the Plaintiff’s share 16/97.5 square meters of Dongdaemun-gu Seoul Metropolitan Government 97.5 square meters.

Reasons

1. Facts of recognition;

A. On August 8, 1963, the Seoul Dongdaemun-gu Seoul Metropolitan Government incorporated the 6th group of the 4th group of the D Forest (1,380 square meters, hereinafter “the instant forest”) owned by the Defendant into the E Land Readjustment Project, and divided the instant forest into the F or G 36 lots on August 8, 1963 (hereinafter “each land after division”).

B. From around 1964 to 1966, the Defendant: (a) received an application for purchase of State property from a possessor who owned and resided in each land after dividing the instant forest into the land after the division; and (b) sold each land after dividing the land into the part occupied by him; and (c) on February 24, 1966, the Defendant concluded a sales contract for State property to purchase the land before replotting from the Defendant on the part of 60 square meters (hereinafter “land before replotting”); and (d) concluded a sales contract for State property to purchase the land before replotting from the Defendant on February 24, 1966.

However, since the subdivision registration on the forest of this case has not yet been completed, the defendant completed the registration of ownership transfer with H as to 60 shares out of the defendant's shares 1147.7/1380 of the forest of this case.

C. Upon the completion of the said land readjustment project on October 5, 1967, the Seoul Special Metropolitan City issued a land substitution disposition with regard to the total area of 1,380 square meters for each of 36 parcels of land and the total area of 5 parcels of land adjacent thereto (42 square meters, K, 44 square meters, L, 37 square meters, 8 square meters, 11 square meters for M, 11 square meters) (hereinafter “instant forest and land”). The total area of 1,522 square meters for the aggregate of 5 parcels of land adjacent thereto and 5 parcels of land adjacent thereto (hereinafter “instant co-owned land”). The Defendant also owned part of the instant co-owned land of this case. The land substitution disposition was taken as a substitute land for the total area of 2,066.1 square meters for each of 31 parcels of land in Dongdaemun-gu Seoul Metropolitan City, P, Q through R, C, V, W, or X (hereinafter “re-owned land”).

At this time, land owned by H is the same location as land before replotting, Dongdaemun-gu Seoul Metropolitan Government 29.5 square meters and land before replotting.

hereinafter referred to as "the case."

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