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(영문) 서울중앙지방법원 2015.01.21 2014가단5201462
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. All the costs of lawsuit are assessed against the Plaintiffs.

Reasons

1. Basic facts

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

B. From 1964 to 1966, the Defendant received an application for purchase from the occupant of the pertinent land for the purchase of State property and sold each parcel of land to the occupant of the relevant land after partition from the occupant who owned each parcel of land after the partition of the instant forest.

C. 1) Upon completion of the said land readjustment project, Seoul Special Metropolitan City on October 5, 1967, 142 square meters (H site 42 square meters, I forest land 44 square meters, J forest 37 square meters, K forest 37 square meters, K forest 8 square meters, and L forest 11 square meters) (hereinafter “instant co-owned land”) on five parcels of land adjacent thereto (5 parcels of land adjacent thereto; hereinafter “instant co-owned land”).

The total area of the co-owned land of this case is 1,522 square meters.

The sum of the area of land in Dongdaemun-gu Seoul Metropolitan Government M, N,O through P, Q through R, S, T, U, V, or W 31 square meters (hereinafter “re-owned land after replotting”) is 2,066.1 square meters in total.

(2) At this time, the above disposition of replotting was determined on October 5, 1967, and the above disposition of replotting was replaced with X-57 square meters of land in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “Before the land substitution”) with the land substitution with the land of Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant land”).

1) The name-free person, while owning and residing a house on the land before replotting, concluded a sales contract for the State property to purchase the said land from the Defendant, and paid the price in full to the Defendant. However, since the subdivision registration on the forest of this case has not yet been completed, the Defendant completed the registration of ownership transfer as to shares of 57/1380 out of the forest of this case to the purchaser of the land before replotting. 2)

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