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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Seoul Jung-gu Seoul Central District Court Decision 1069No. 2069 (hereinafter “instant land”) was originally owned by the Republic of Korea as the property devolving upon the State.
From December 29, 1953, the Republic of Korea sold the specific portion of the land before the instant partition to C, etc. from around December 29, 1953 by dividing it into D or E, and since the registration of subdivision was not completed at the time, the registration of share transfer was completed in proportion to the average number of parcels of the land before the instant partition.
B. On October 21, 1982, the Plaintiff purchased 89.9 square meters of specific portions of the land before the instant partition, and completed the registration of ownership transfer on November 6, 1982 with respect to the said 89.9/1069 shares.
F on November 16, 197, the F purchased 10.6 square meters of specific portions of the land before the instant partition, and completed the registration of ownership transfer with respect to the above 10.6/1069 shares on December 8, 197.
Since then, the registration of subdivision was completed for the land divided into D or E before the division, but the relationship between co-owners was not organized, and the relationship of ownership of the land before the division was entered in the register for each divided land.
C. The Plaintiff filed a lawsuit (Seoul Central District Court 2006Gahap26934) claiming the registration of ownership transfer with respect to 10.6/1069 shares out of the instant land, by asserting that the Plaintiff and F purchased each specific part of the instant land before the instant partition but completed the registration of shares only due to the payment of the registration, and that the part of the land purchased by the Plaintiff includes 40m2 in Seoul Jung-gu G (hereinafter “instant land”). However, on February 27, 2008, the Plaintiff and F purchased a claim for the registration of ownership transfer (Seoul Central District Court 2006Gahap26934).
Accordingly, the appeal and appeal filed by the plaintiff were all dismissed, and the above judgment was finalized on April 9, 2009. D.
F Based on the above judgment, F is on the share of the land in this case against the Plaintiff.