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(영문) 창원지방법원통영지원 2019.11.28 2017가단27203
소유권이전등기
Text

1. Of the instant lawsuit, the part of the primary claim against Defendant I, J, and K is dismissed.

2. The plaintiff's defendant B, C, D, E, and F.

Reasons

Basic Facts

With respect to the change of land ownership, on December 18, 1956, M’s ownership transfer registration was completed on the grounds of sale on December 18, 1956 with respect to land ownership (the land shall be indicated only as the lot number or the lot number area in the same Ri, and on November 26, 1984, the registration of transfer of N’s ownership was completed on the grounds of sale on November 26, 1984 (No. 3562). On February 12, 1990, the registration of transfer of ownership in the name of O was completed on the grounds of sale on the said portion.

On December 3, 2010, the area of 787 square meters prior to L was divided into 455 square meters and 332 square meters prior to P.

With respect to the share transfer registration in the name of Defendant B (3,071/17,314 share), C (96/17,314 share), D (96/17,314 share), E (96/17,314 share), F (1,245/17,314 share), among the share of 455 square meters and 332 square meters prior to P, on January 3, 2012, each share transfer registration in the name of Defendant B (3,071/17,314 share), D (96/17,314 share), E (96/17,314 share), F (1,245/17,314 share) was completed upon the application of subrogation (the subrogation and subrogation cause). As to the entire share of the said Defendants, the transfer registration was completed on January 3, 2012 in the name of H on the ground of acquisition on May 4, 2013.

On April 3, 2012, the registration of transfer of ownership in Q in Q's name was completed on April 3, 2012 with respect to the portion of 455 square meters and 332 square meters in P prior to L. 45 square meters and 332 square meters in P.

On June 22, 2012, as to H’s share 332/787 out of H’s 455 square meters before L, the registration of transfer of ownership in Qua’s name was completed on June 22, 2012.

Accordingly, the previous 455 square meters of Q was owned by a single person.

On July 18, 2012, the transfer registration of ownership in H was completed on July 18, 2012 with respect to the area of 455 square meters prior to L.

On June 22, 2012, as to Q's share 455/787 among the 332m2m2 before P, the registration of transfer of H's share was completed due to partition of co-owned property in the name of H.

Accordingly, P 332 square meters prior to P became a sole ownership of H.

The progress of the previous lawsuit shall implement the registration procedure for transfer of ownership against Defendant B, C, D, E, and F on the ground of the completion of the statute of limitations for possession on May 4, 2003 with respect to the aggregate of 332/787 square meters of shares of the said Defendants among L prior 787 square meters of shares.

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