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(영문) 서울중앙지방법원 2016.06.02 2015가합544427
소유권이전등기등
Text

1. The plaintiff's respective claims against the main defendants and the conjunctive defendant are dismissed in entirety.

2...

Reasons

1. Basic facts

A. On October 4, 1978, G received a part of the share of the Gangnam-gu Seoul FF 1130.9 square meters (hereinafter “instant land”) from the conjunctive Defendant, and on October 4, 1978, G newly constructed a 1st, 3rd and 21 commercial buildings on the instant land (hereinafter “instant commercial building”). Each shop was sold in lots by constructing a 1st, 3rd and 21 commercial buildings on the instant land.

B. H acquired the share of co-ownership falling under 109 units 109 units of the 1st floor store of the instant commercial building (hereinafter “109 units”) and 109 units of the instant land from G. However, the division and rearrangement of the instant land, which is the land allotted by the authorities in recompense for development outlay, delayed, and the co-ownership transfer registration on the instant land was not completed, and the ownership transfer registration was completed on December 30, 1978.

C. On November 9, 1982, the conjunctive Defendant completed the rearrangement of the instant land, and completed the registration of ownership transfer with respect to the shares 43.6/1130.9 (hereinafter “shares 43.6/11309”) out of the instant land to Ha, who was the first buyer of the instant commercial building underground store No. 1 (hereinafter “Ground No. 1”) on June 24, 1983, and with respect to the shares 43.6/1130.9 (hereinafter “the shares 43.6/1130.9”) out of the instant land to Ha, who was the first buyer as of June 109, 1987, as to the shares 69.2/1130.9 (hereinafter “the shares 69.2/1130.9”) out of the instant land.

Since May 24, 1983, H completed the registration of ownership transfer with respect to No. 109 to J on May 24, 1983, and the registration of ownership transfer with respect to shares No. 43.6/1130.9 in the name of H was completed on June 24, 1983.

E. On April 2, 1987, J completed the registration of ownership transfer based on sale on April 1, 1987 with respect to the Plaintiff 109 and the instant 43.6/1130.9 shares.

F. On June 30, 1987, H completed the registration of ownership transfer for reasons of sale on August 22, 1979 with respect to the shares in this case to L who is the owner under a title trust with K on August 24, 1978 (the purchase from K under a title trust with K on August 24, 197).

G. Meanwhile, the Plaintiff against L, H, and J, and “H” on May 1, 1983 to J.

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