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(영문) 서울서부지방법원 2019.01.09 2018가단228199
소유권말소등기
Text

1. As to the Plaintiff’s share of 5.2/137.5 square meters in Yongsan-gu Seoul Metropolitan Government 137.5 square meters, the Defendant on April 2, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff shares 3/5 shares, and D 2/5 shares, for Yongsan-gu Seoul Metropolitan Government 137.5 square meters.

B. The Plaintiff and D are against the Defendant as this Court No. 2014 Ghana1402.

Of the land indicated in the paragraph, the part on the ship connecting each point of 3, 4, 5, 6, and 3 of the attached drawing was transferred, and the lawsuit was filed to seek unjust enrichment equivalent to rent.

The Defendant filed a counterclaim against the Plaintiff and D with respect to the Plaintiff’s share of 3/5 shares in the instant land portion by the court No. 2014GaGa23840, and D filed a counterclaim against the Plaintiff seeking the implementation of the procedure for ownership transfer registration based on prescription acquisition with respect to the share of 2/5 shares.

C. On February 10, 2015, the instant court dismissed the Plaintiff’s principal claim and D’s counterclaim and rendered a judgment accepting the Defendant’s counterclaim, and the said judgment became final and conclusive on February 26, 2015.

The defendant on April 2, 2015 above A.

With respect to 2.08/137.5 of the Plaintiff’s share in the entire land and 3.12/137.5 of the Plaintiff’s share in 3.12/137.5, the transfer registration was made on the ground of prescription acquisition on December 17, 1991.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The registration authority who has received the judgment ordering the execution of the procedure for ownership transfer registration for a part of the land specified in one parcel of land shall register the ownership after completing the procedure for subdivision registration for the part specified in subrogation of the person responsible for registration according to the judgment, even though the order for subdivision of the land is not indicated separately, and the registration of co-ownership transfer equivalent to the ratio of the area of the specific part to the total area of the land cannot be filed

(see, e.g., Supreme Court Decision 94Da25032, Sept. 27, 1994). However, the Defendant’s land against the Plaintiff and D, one parcel against the Defendant.

The transfer registration procedure shall be implemented for the instant part of the land specified in the subsection on the ground of the completion of the prescriptive acquisition period.

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