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(영문) 서울중앙지방법원 2017.05.19 2015가단171440
소유권이전등기절차 이행
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 13, 1985, a factory on B and 1 parcel (hereinafter “instant factory”) was newly constructed and registered in the name of Nonparty C and the Plaintiff. The above factory was extended on June 25, 1986; and on March 11, 1988, each of the above factories was registered in the name of the said C and the Plaintiff, and the registration of ownership preservation was completed on September 3, 1986 under the name of the said C and the Plaintiff. The registration of ownership transfer was filed in the name of the Plaintiff on the ground of a partition of co-owned property as of September 5, 1988.

B. Most of the lands around the instant factory were farmland consisting of rice paddy field. On March 31, 1987, the Plaintiff purchased the said D (factory site: 321m2) and E (2,134m2) in order to secure access roads to the said factory. On August 1, 1987, the Plaintiff purchased F (former: 183m2), G (former: 14m2), and H (former: 217m2).

C. Meanwhile, I (forest: 48 square meters) and J (forest: 124 square meters) had been registered under the name of the Defendant on September 12, 1960 on the ground of the title transfer on September 12, 1960, which was received on September 12, 194 on the ground of the title transfer as of September 12, 1960 by the Suwon District Court, the Sungsung District Office of 4869, and on September 25, 1945. The above I and J (hereinafter collectively referred to as “each land of this case”) purchased and acquired ownership by the Plaintiff, F, G, H, and K [the land category is 2,09 square meters as “electric,” and this land was purchased by the Plaintiff on April 1974, which was trusted under the name of the seller, but was not issued a qualification certificate for acquisition of farmland at that time, and was registered under the name of Plaintiff on June 28, 196].

L, M, N, andO are adjacent to each land below G and H, the Plaintiff acquired ownership, and there is L, M, N, andO.

E. Of each land of this case, the part on the ship (b) which connects each point of the attached Table 15, 16, 17, 18, 19, 4, 5, 6, 20, 20, 12, 13, 14, and 15 with each point of the attached Table 15, 16, 17, 18, 19, 5, 6, 20, 12, 13, 14, and 75 square meters and 12, 20, 6, 7, 8, 9, 10, 11

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